Disciplinary Authority Cannot Override Enquiry Officer’s Clean Chit Without Hearing the Employee: Madhya Pradesh High Court Remands Termination for Procedural Lapse Appointment Secured by Misstating Marks Is Void Ab Initio; Human Error No Excuse Where Advantage Gained: Allahabad High Court Appeal Maintainable Despite Modified MACT Award — Kerala High Court Clarifies Scope of Appellate Review in Motor Accident Claims No Notice, No Blacklist: Calcutta High Court Quashes Debarment Over Breach of Natural Justice Prosecution Must Elevate Its Case From Realm Of ‘May Be True’ To Plane Of ‘Must Be True: Orissa High Court Strict Compliance Is the Rule, Not Exception: Himachal Pradesh High Court Dismisses Tenant's Plea for Late Deposit of Rent Arrears When Accused Neither Denies Signature Nor Rebuts Presumption, Conviction Must Follow Under Section 138 NI Act: Karnataka High Court A Guardian Who Violates, Forfeits Mercy: Kerala High Court Upholds Natural Life Sentence in Stepfather–POCSO Rape Case Married and Earning Sons Are Legal Representatives Entitled to Compensation: Punjab & Haryana High Court Enhances Motor Accident Award to ₹14.81 Lakh Driver Must Stop, Render Aid & Report Accident – Flight from Scene Is an Offence: Madras High Court Convicts Hit-And-Run Accused Under MV Act Delay May Shut the Door, But Justice Cannot Be Locked Out: Gauhati High Court Admits Union of India’s Arbitration Appeal Despite Time-Bar Under Section 30 PC Act | Mere Recovery of Money Is Not Enough—Demand and Acceptance Must Be Proved Beyond Reasonable Doubt: Delhi High Court Allahabad High Court Slams Bar Council of U.P. for Ex Parte 10-Year Suspension of Advocate Supreme Court Invokes Article 142 to End Discrimination Against Ad-Hoc Employees in Allahabad High Court: Orders Reinstatement and Regularizationi Supreme Court Declares CSR a Constitutional Duty to Protect Environment: Orders Undergrounding of Powerlines in Great Indian Bustard Habitat

"CRIMINAL LAW" Digest

Bail – Offence under POCSO Act – Allegation of Rape of Minor Niece – Bail Denied – The petitioner was accused of sexually assaulting his 7-year-old niece – Medical report did not rule out sexual assault – Victim’s testimony supported by obscene photographs found on petitioner’s mobile phone – Held: Considering the gravity of the offence, the pe...

Criminal Law - Appeal against acquittal - Confessional Statements under TADA – Voluntariness and Procedural Safeguards – Rejection Upheld – The Supreme Court reaffirmed that strict compliance with Section 15 of TADA and Rule 15 of TADA Rules is essential to admit confessions – The confessional statements of three accused recorded by a single officer were held inadmissible d...

Criminal Law - Penal Code – Section 302 vs. 304 Part II – Medical Evidence Inconclusive – Conviction Altered – The Supreme Court upheld the High Court’s reduction of conviction from Section 302 read with 149 IPC to Section 304 Part II – Held: Post-mortem report and doctor’s deposition failed to conclusively establish death resulted from injuries caused by ...

Anticipatory Bail – Allegation of Forged Certificates – Parity with Co-Accused – Bail Granted till Police Report – The applicants were accused of submitting forged documents for pharmacist registration – Held: Since co-accused similarly placed had been granted anticipatory bail and no distinguishing factor emerged, applicants are entitled to same protection – Ba...

Bail – Proviso to Section 45(1) PMLA – Old Age and Infirmity – Bail Granted – Petitioner aged 86 years with multiple age-related ailments including cognitive impairment, dementia, and history of falls – Held: Petitioner falls within the category of “infirm” under the proviso to Section 45(1) of the PMLA – Not required to satisfy twin conditions under...

Criminal Law – Acquittal Set Aside – Appeal by the de facto complainant and the State against the acquittal of accused persons for offences under Sections 143, 147, 148, 323, 324, 341, 354, 307, 447, 504 read with 149 IPC – Sessions Court acquitted accused on 04.02.2017 – High Court found that a counter-case was registered against the complainant's side but was not comm...

Criminal Law - Rape – Child Victim – Conviction Restored – Acquittal by High Court Set Aside – The appellant-State challenged the High Court’s decision acquitting the respondent-accused of rape charges – The Trial Court had convicted the accused based on medical evidence and eyewitness testimony but was overturned by the High Court on grounds of contradictions i...

Framing of Charge under Section 324 IPC – Justified under Section 216 CrPC – The appellant Ram Kailash Singh was charged under Section 324 IPC on the day of judgment. The Court held that Section 216 CrPC permits such alteration if no prejudice is caused – Held: Since full cross-examination had occurred and no objection was raised, framing of charge immediately prior to judgment w...

Criminal Procedure – Power of Magistrate Under Section 156(3) CrPC – Order for FIR Quashed – The trial Magistrate took cognizance of the complaint, recorded the complainant’s preliminary statement under Section 200 CrPC, and directed an inquiry under Section 202 CrPC – Despite this, the Magistrate later ordered registration of an FIR under Section 156(3) CrPC – ...

Criminal Law – Anticipatory Bail – Injury Not Grievous – Bail Granted – Petitioner sought anticipatory bail in a case involving an attack with deadly weapons—Prosecution alleged he inflicted a sword blow on the victim’s right arm—Held: Petitioner was not the main accused, and the grievous injury was attributed to co-accused—Considering absence of pri...