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 High Court Can't Re-Appreciate Evidence or Rewrite Contract to Set Aside Arbitral Award: Supreme Court Reinstates Award Under Quantum Meruit Once Arbitration Invoked, Criminal Prosecution Cannot Be Weaponised in Civil Disputes: Supreme Court Quashes FIR Against Former Director in Rent Row

"CRIMINAL LAW" Digest

Criminal Law - Quashing of FIR – Misuse of Official Position – Allegations against the appellant, a retired IAS officer and former District Collector, for wrongful restoration of government land to private allottees – FIR registered under Sections 409, 219, and 114 IPC – Appellant sought quashing under Section 482 CrPC on grounds of official duty and lack of criminal intent...

Negotiable Instruments Act – Dishonor of Cheque – Appeal against Acquittal – Right of Complainant to Appeal – Section 138 and Section 142 of the N.I. Act – Section 378(4) and Section 372 of Cr.P.C. – Revision Allowed – The appellate court dismissed the complainant’s appeal against acquittal as not maintainable, holding that a complainant under Sectio...

Criminal Law – Molestation and Assault – Petitioner, a practicing Ayurvedic doctor, was allegedly molested and assaulted by the accused, Joseph Chacko, within her clinic. The complaint was registered under Sections 354, 294(b), and 323 of the IPC, and Section 4(1)(i) of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Prope...

Divorce on Grounds of Cruelty – Denial of Education – Section 13(1)(ia) of the Hindu Marriage Act – Wife alleged that she was subjected to mental and physical cruelty, including coercion to discontinue her education and demand for dowry – Husband denied allegations and contended that he supported her studies – Trial court ruled in favor of husband, holding that cruelt...

Criminal Law - Quashing of Criminal Proceedings – Section 482 CrPC – Power of the Court – Petitioners sought quashing of the criminal case against them, arguing that the FIR was lodged with malicious intent due to a long-standing enmity – Supreme Court precedent holds that quashing under Section 482 CrPC is permissible only in cases of manifest abuse of process – Cour...

Criminal Law - Default Bail – Stringent Conditions – Violation of Fundamental Rights – Petitioner was granted default bail under Section 167(2) CrPC due to the prosecution’s failure to file a charge sheet within 60 days – However, bail conditions included an excessive surety bond of ₹1.10 crore and a bank guarantee of ₹55 lakh – Petitioner challenged these c...

Criminal Law – Quashing - Second Complaint After Acceptance of Final Report – Not Maintainable in Absence of Special Circumstances – Summoning Order Set Aside - The first FIR filed by the complainant in 2005 led to a final report being accepted in 2012 – A fresh complaint was filed in 2017 on identical facts, leading to the summoning of the accused under Section 406 IPC &nd...

Criminal Revision - Obstruction of Public Servant – Whether Conviction Under Section 186 IPC Sustainable – The petitioners were convicted for obstructing a traffic constable while he was clearing a traffic jam—Held: Prosecution failed to prove that the complainant was discharging official duties at the time—Absence of duty roster and police records weakens the case—Co...

Bail – Criminal Jurisprudence – Circumstantial Evidence – Petitioner seeks bail in a case involving circumstantial evidence with no direct evidence linking him to the crime, except a witness of last seen – Court notes that the petitioner has already spent over one year and three months in custody – Petitioner has no prior criminal history, and the only evidence is the...

Bail - NDPS – Charge Sheet Without FSL Report – Bail Granted - The petitioner was arrested for possession of 300 grams of MDMA and remained in custody for nearly a year – The prosecution filed a charge sheet without an accompanying Forensic Science Laboratory (FSL) report – The Court held that in cases under the NDPS Act, a chemical analysis report is an integral part of th...