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 A Minor’s Sole Testimony, If Credible, Is Sufficient for Conviction: Supreme Court Upholds Child Trafficking Conviction Under IPC and ITPA You Can’t Invent Disqualifications After the Bid: Supreme Court Holds Joint Venture Experience Can’t Be Ignored in Tenders

"CRIMINAL LAW" Digest

Partnership Law – Bar Under Section 69(2) – Suit Maintainable as Firm Was Registered Before Filing – The trial court dismissed the suit, holding that the appellant firm was not registered at the time of filing, making the suit non-maintainable under Section 69(2) of the Partnership Act. The High Court examined Exhibit-8, a memorandum from the Registrar of Firms, proving the firm&...

Matrimonial Law - Interim Maintenance – Financial Independence of Wife – Rejection Justified – The petitioner, a highly qualified woman with a Master’s degree in International Business from the University of Wollongong, Australia, sought interim maintenance under Section 125 of the CrPC – The Family Court denied maintenance, citing her previous employment history, Lin...

Criminal Law – Bail Under NDPS Act – Rigors of Section 37 Relaxed – Bail Granted – Petitioner was accused in Crime No. 235/2024 for allegedly transferring ₹2,60,000 to the second accused, who was arrested with 349 grams of MDMA – No contraband was recovered from the petitioner – Co-accused were released on default bail – Held: The allegations against the...

Criminal Law - Rash and Negligent Driving – Absence of Direct Evidence – Conviction Set Aside – The petitioner, a bus driver, was convicted for rash and negligent driving, causing an accident that resulted in multiple injuries and one fatality – The prosecution relied on circumstantial evidence, as no witness directly observed the petitioner driving negligently – Held...

Criminal Procedure – Maintainability of Second Criminal Appeal under SC/ST Act – Not Permissible – The primary issue was whether an accused can file a second appeal before the High Court after dismissal of a previous bail appeal under Section 14A(2) of the SC/ST Act – The Court held that once an appeal is dismissed by the High Court, a second appeal against the same order r...

Bail - Economic Offenses – Stringent Bail Conditions – Pre-Arrest Bail Denied – Petitioner, a former director of SRS Banquets & Resorts Ltd., sought anticipatory bail in a case involving fraudulent bank loans, fund siphoning, and misrepresentation in financial statements—High Court held: Economic offenses have grave societal impact and require stricter scrutiny—Ba...

Interim Maintenance – Non-compliance with Supreme Court Guidelines – Order Set Aside - petitioner challenged an interim maintenance order passed by the Family Court, Kollam, contending that the order was issued without compliance with the mandatory requirement of filing an Affidavit of Disclosure of Assets and Liabilities as prescribed in Rajnesh v. Neha. The Supreme Court mandated tha...

Constitutional Validity of Section 13 – Right to Legal Representation – Family Courts Act – Upheld The petitioner challenged Section 13 of the Family Courts Act, 1984, arguing that it violates the fundamental right of legal practitioners under the Advocates Act, 1961, and restricts litigants' ability to be represented by lawyers in Family Courts – The Court held that...

Temple Management Dispute – Jurisdiction of Civil Court Prevails Over Executive Orders – The dispute over the control of Shri Khereshwar Mahadev Va Dauji Maharaj Temple was pending before the civil court, with an injunction maintaining the status quo – The Allahabad High Court directed the District Magistrate and Sub-Divisional Magistrate to implement an earlier executive order t...

Bail – Rape – Promise to Marry – Absence of Misconception of Fact – The petitioner was accused of repeatedly engaging in sexual intercourse with the defacto complainant under the pretext of marriage and later refusing to marry her – The Court examined whether the alleged act constituted rape due to vitiation of consent – Held: In light of Mahesh Damu Khare v. St...