Section 138 NI Act | Cheque Bounce Complaint Cannot Be Dismissed At Threshold Merely For Non-Production Of Postal Track Report: Madhya Pradesh High Court Departmental Dismissal Based On Identical Evidence Discarded By Criminal Court Amounts To 'No Evidence': Orissa High Court Kerala Lok Ayukta Amendment Upheld: High Court Rules Lok Ayukta Is Not A Court, Its Declaration Can Be Changed To Recommendation Subsidized Industrial Plots Are Meant To Generate Employment, Allottees Must Strictly Adhere To Timebound Project Schedules: Supreme Court Allottees Cannot Keep Subsidised Land Unutilised: Supreme Court Upholds Cancellation Of Piaggio's UP Industrial Plot CAG Audit Cannot Substitute Criminal Investigation To Trace Money Trails: Supreme Court Supreme Court Directs CBI To Probe Arunachal Pradesh Public Contracts, Says Constitutional Violation Not Diluted By Statistics Common Intention Under Section 34 IPC Cannot Be Presumed Merely Because Multiple Accused Participated In A Sudden Fight: Supreme Court Mere Use Of Abusive Word 'Bastard' Does Not Amount To Obscenity Under Section 294(b) IPC: Supreme Court Independent Medical Board's Opinion Crucial To Prevent Harassment Of Doctors In Consent Disputes: Supreme Court Quashes Criminal Case High Court Can Examine Questions Of Fact Under Section 482 CrPC To Prevent Abuse Of Process: Supreme Court Quashes Criminal Case Against Surgeon 'Every Link Must Be Conclusively Established': Supreme Court Acquits Constable In Murder Case, Reiterates Strict Standard For Circumstantial Evidence Murder Conviction Cannot Rest Solely On Voice Identification In Darkness: Supreme Court Acquits Police Constable After 12 Years CCTV Footage Belies Assault Claims: Supreme Court Quashes Criminal Case Against Neighbours Karta Cannot Gift Entire Joint Family Property To One Coparcener Without Consent; Settlement Void Ab Initio: Madras High Court Fresh Application For Return Of Plaint Barred By Res Judicata Despite Favourable Supreme Court Ruling On Jurisdiction: Bombay High Court Registration Of Adoption Deed Not Mandatory For Compassionate Appointment Under Hindu Adoptions Act: Madhya Pradesh High Court Insurance Company Cannot Claim Contributory Negligence Without Examining Driver Or Challenging Charge Sheet: AP High Court Accused In Child Pornography Cases Cannot Be Discharged Merely Because Age Of Unidentified Victims Cannot Be Conclusively Proved: Delhi High Court Kerala High Court Denies Relief To Petitioner Suppressing Facts, Orders Enquiry Into Allotment Of Govt Scheme Houses On Puramboke Land Candidate Missing Physical Test For Minor Illness Has No Enforceable Right To Rescheduling: Supreme Court Prolonged Incarceration And Parity Constitute Valid Grounds For Regular Bail: Supreme Court Accused In Cheque Bounce Cases Cannot File Evidence-In-Chief By Affidavit Under Section 145 NI Act: Orissa High Court

"CRIMINAL LAW" Digest

Civil Writ – Mandamus - Para-athlete Entitlement – Cash Award Under Government Orders – Rightfully Due Benefits Denied – The petitioner, a double upper limb amputee, represented India in various international para-swimming championships winning medals – Despite clear eligibility under GO dated 30.11.2013, the State failed to disburse ₹6,00,000/- – Held: The pe...

Criminal Law - Quashing of Proceedings – Commercial Dispute Given Criminal Colour – Allegations Civil in Nature – Proceedings Quashed – Petitioners challenged the criminal case alleging offences under Sections 420/406/422/34 IPC on the basis that there was no fraudulent or dishonest inducement from the inception – Court held that failure to pay outstanding dues in a c...

Criminal Taxation Law - Criminal Prosecution – Quashing of Complaints – Sections 276C(1)(i), 276D, 277(1) of the Income Tax Act – Complaints Quashed – The petitioner challenged criminal complaints under Sections 276C(1)(i), 276D, and 277(1) based on an assessment order which was subsequently set aside by ITAT – The ITAT held there was no incriminating material found d...

Criminal Law - Sections 4 and 5 of the Explosive Substances Act & Section 7 and 25 of the Arms Act – Acquittal Upheld – Arms and Explosives Case – Prosecution Version Unreliable – The appeal challenged the judgment dated 02.01.2014 passed by the Special Judge (Principal Sessions Judge), Jammu, acquitting the respondents of charges under the Explosive Substances Act, Arm...

Criminal Appeal – Conviction under Section 302/149 and 147 IPC – Sentence Modified for Juvenility – Appeal filed against conviction and sentence of life imprisonment for murder committed by unlawful assembly – Appellants Chhedi and Madan claimed to be below 16 years of age at the time of offence – Court accepted school leaving certificate and municipal birth records &...

Criminal Taxation Law - Habeas Corpus – Illegal Detention – Arrest Declared Illegal – Constitutional Safeguards Violated – In a petition under Article 226 seeking release of the detenue, the Court found that the Directorate General of GST Intelligence officials had kept the detenue in custody for over 30 hours without presenting him before a Magistrate and without serving g...

Criminal Law - Sections 342 and 376 IPC - Conviction for Rape and Wrongful Confinement – Delay in FIR – Explanation Satisfactory – Conviction Upheld – FIR lodged after 20 hours due to young age of victim and long distance to police station – Victim’s statement consistent and corroborated by medical and documentary evidence – Held: Delay not fatal – C...

  Criminal Law - Section 193, 406, 418, 420, 423, 468, 469 of IPC - Criminal Complaint – Second Quashing Petition – Not Maintainable – Review Impermissible – The High Court allowed a second quashing petition under Section 482 CrPC, despite an earlier petition on identical grounds having been dismissed – Held: Raising previously available pleas in a second peti...

Criminal Law - Sections 3(1)(viii), 3(1)(ix), and 3(2)(vii) of the SC/ST Act – Quashing of Proceedings under Section 482 CrPC – High Court Order Upheld – Appellant alleged mala fide prosecution by public officials for opposing wrongful land allotment – High Court found no evidence of caste-based discrimination or mala fide intention – Held: The initiation of proceedin...

Criminal Revision – Conviction under Arms Act – Acquittal Ordered – Petitioner was convicted under Sections 25(1-B)(a) and 26 of the Arms Act for alleged illegal possession of a country-made pistol and cartridges – Trial Court and Appellate Court upheld the conviction – High Court on revision found discrepancies in recovery location and nature of ammunition – He...