Abandoning Arbitration Proceedings Bars Fresh Section 11 Application On Same Cause Of Action: Supreme Court Department Must Lead Evidence, Examine Witnesses To Prove Charges Unless Employee Clearly Admits Guilt: Supreme Court Order IX Rule 13 And Section 96 CPC Have Distinct Scopes; Minor Unrepresented In Original Suit Can Seek Setting Aside Ex-Parte Decree: Supreme Court Minor Heir Cannot Be Expected To Respond To Public Notice Independently: Supreme Court Sets Aside Ex Parte Succession Certificate Supreme Court Restores Acquittal In POCSO Case, Holds DNA Evidence Not Infallible If Blood Sample Collection Is Disputed Bar Under Section 197 CrPC Applies At Stage Of Cognizance; Subsequent Notification Cannot Invalidate Valid Proceedings: Supreme Court State Cannot Apply Harsher Remission Policy Retrospectively To Deny Premature Release: Supreme Court Superficial Bail Orders In Dowry Death Cases Weaken Public Faith In Judiciary: Supreme Court Cancels Husband's Bail Non-Deposit of Balance Amount During Suit Doesn't Prove Lack Of Readiness: Bombay High Court Grants Specific Performance Of 1978 Oral Agreement Teacher Appointed In 'Pass' Graduate Category Entitled To Higher Pay Scale Upon Acquiring Master's Degree During Service: Calcutta High Court Ex-Parte Maintenance Order Under Section 144 BNSS Must Be Challenged Before Family Court First, Direct Revision Not Maintainable: Allahabad High Court Occupant Cannot Be Denied Electricity Merely Because Decree-Holder Demands Disconnection Pending Eviction: Andhra Pradesh High Court Anticipatory Bail In PMLA Cannot Be Granted If Accused Obstructs Probe & Gives False Answers Even If Beneficiary Of Section 45 Proviso: Delhi High Court Tender Condition Disqualifying Bidders For Past Bridge Collapses Does Not Amount To Blacklisting: Gauhati High Court Mere Unauthorized Entry On Government Land Does Not Constitute Criminal Trespass Without Intent To Annoy: Himachal Pradesh High Court Mere Buildings Without Life-Saving Machinery Don't Fulfil Article 21 Mandate: Jharkhand HC Orders State-Wide Functional Burn Wards Within 120 Days Unestablished Claim Of Co-Heirship Does Not Mandate Reference To Civil Court For Apportionment Of NHAI Compensation: J&K High Court Accused Cannot Defer Cross-Examination By Merely Claiming Defence Strategy Will Be Disclosed: Madhya Pradesh High Court Allegations Confined To Negligence, Not Criminal Intent: Punjab & Haryana High Court Grants Anticipatory Bail To Ex-SGPC Secretary In Missing 'Saroops' Case True Owner Cannot Unlawfully Enter Tenanted Premises Under Guise Of Ownership To Commit Offence: Kerala High Court Upholds Landlord's Conviction RTO Officials Cannot Seize Vehicles Without Specific Statutory Authority; Actions Pending Writ Proceeding Highly Improper: Karnataka High Court Supreme Court Flags West Bengal Incidents, Orders Central Forces to Shield Judges on Ground Duty

"CRIMINAL LAW" Digest

Criminal Law – Dowry Death – Section 304B IPC – Conviction based solely on dying declaration – Deceased sustained 85–90% burn injuries – Doctor admitted no written certificate issued regarding fitness of deceased to give statement – Evidence discloses administration of painkillers, sedatives, analgesics and IV fluids – Hospital case sheet and treatme...

Criminal Law – Suspension of Sentence – Life Imprisonment – High Court suspended sentence of life imprisonment solely on ground that more than 200 criminal appeals were listed daily and early hearing not possible – Held: Pendency of appeals and docket congestion cannot by itself be a ground to suspend substantive sentence of life imprisonment in serious offences like murder...

Bail – Assault on Public Servant – Allegation of dragging police constable on bonnet of moving car during lawful checking – Prima facie concerted act by occupants to obstruct official duty – Seriousness of offence and stage of investigation weigh against grant of bail – Role of applicant not found minimal at this stage – Bail rejected [Paras 7, 8, 12, 27]. Ba...

Criminal Law – Rape and Murder of Minor Girls – Conviction Based on Circumstantial Evidence – Appellant convicted under Sections 302, 376, 363 IPC and Sections 4 and 6 POCSO Act – Prosecution case based primarily on testimonies of three child witnesses and alleged confessional statement leading to recovery – High Court found material contradictions in testimonies of P...

Criminal Law – Recall of Witness – Section 348 BNSS (Section 311 Cr.P.C.) – Investigating Officer recalled to prove disclosure statements and connected documents – Trial Court found that certain material documents relating to ownership of vehicle, lease deed of hospital and inspection report were not put to PW-4 during examination-in-chief – Held: Power under Section ...

Criminal Law – Appeal against Acquittal – Limited Scope of Interference – Trial Court acquitted accused of offence under Section 3(1)(x) SC/ST Act – High Court held that judgment was well-reasoned, based on appreciation of evidence and not perverse or illegal – In absence of perversity or patent illegality, no interference warranted in appeal against acquittal –...

Constitution of India – Article 21 – Right to Life and Personal Dignity – Rights of Prisoners – Confinement and Rehabilitation – Held: Prisons are not spaces where constitutional values cease to operate. The guarantee of life and personal dignity under Article 21 extends beyond prison gates, obliging the State to ensure incarceration does not degenerate into inhumanit...

Criminal Law – Murder – Conviction under Section 302 read with Section 34 IPC – Double homicide – Four eye-witnesses consistently deposed that accused armed with deadly weapons assaulted deceased Bulaki Mandal and Hriday Mandal till death – Minor inconsistencies immaterial – Motive established from prior altercation over grazing of crops – Concurrent findi...

Criminal Law – Murder – Conviction Confirmed – Accused Nos.1 and 2 convicted under Section 302 read with Section 34 IPC for inflicting multiple sword blows on vital parts of deceased – Ocular evidence of wife (PW-2) corroborated by independent witness (PW-5) regarding chase with blood-stained swords – Medical evidence established homicidal death due to penetrating che...

Criminal Law – Quashing of FIR – Civil dispute dressed as criminal offence – Joint Venture Agreement (JVA) for property development – Allegations of false representation, non-refund of security deposit, suppression of litigation and forged document – Court must examine FIR along with admitted documents to assess whether cognizable offence made out – Where disput...