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

Quashing of FIR – Whether Complaints Were False and Motivated – The appellants, a married couple, challenged two FIRs filed against them in 2010 and 2011 for forgery, cheating, and criminal conspiracy—Held: Merely alleging that an FIR is false is insufficient for quashing—Both FIRs disclosed cognizable offences—No interference warranted at this stage [Paras 2-5]. &...

Criminal Law – Quashing - Prevention of Corruption – Demand and Acceptance of Bribe – Proof Required – Appeal Allowed - The appellant, a former Gujarat minister, was accused of corruption for allegedly granting fishing contracts without a tender process – The High Court upheld the criminal proceedings, but the Supreme Court held that no prima facie material indicated ...

Criminal Procedure – Applicability of BNSS to Pending Cases – Section 531(2)(a) of the BNSS – Held: The Code of Criminal Procedure, 1973, governs pending proceedings initiated before the enactment of BNSS – Since the investigation was initiated prior to the enforcement of BNSS, the Cr.P.C. remains applicable, and Section 349 of the BNSS cannot be invoked – Order direc...

Criminal Law - Dismissal of Criminal Appeal in Limine – Whether Justified – The High Court dismissed the appellant’s criminal appeal on the first day without calling for trial court records—Held: Appellate courts must examine trial records before deciding an appeal, especially in cases involving acquittals—Failure to do so constitutes a serious procedural lapse—...

Criminal Law - Murder – Appeal against conviction - Circumstantial Evidence – Whether Chain of Evidence Was Complete – The appellant was convicted under Section 302 IPC for allegedly murdering the deceased, Haseena, during an exorcism ritual—Prosecution relied on circumstantial evidence, including testimonies of family members and medical reports—Held: Prosecution fai...

Bail - Rape on False Promise of Marriage – Whether Offence Under Section 376 IPC Made Out – The appellant contended that the victim voluntarily accompanied him and had a consensual relationship—Held: The accused initially promised marriage but later refused solely due to the victim’s caste—Since the promise was insincere from inception, it constitutes rape under Secti...

Negotiable Instruments Act – Single Complaint for Multiple Cheques – Whether Maintainable – The petitioner challenged the complaint under Section 138 of the NI Act, arguing that separate complaints should have been filed for each of the four dishonoured cheques – Contended that under Section 219 CrPC, no more than three offences can be tried together – Held: A single ...

Criminal Law - Preventive Detention – Distinction Between "Law and Order" and "Public Order" – The petitioner was detained under the Gujarat Prevention of Anti-Social Activities Act, 1985, as a "dangerous person"—Challenged the detention order, arguing that the offences registered against him relate to "law and order" and do not disturb &qu...

Criminal Law - Dismissal of Complaint – No Prima Facie Case – Allegations Patently Absurd and Inherently Improbable - The petitioner alleged an elaborate conspiracy involving multiple accused, claiming she was shot 25 times but survived due to homeopathic medicine – The Magistrate dismissed the complaint under Section 203 Cr.P.C., finding the allegations ex-facie improbable &ndas...

Criminal Law - False Affidavit – Whether Cognizance Under Section 340 CrPC Valid – Petitioner challenged cognizance taken by Magistrate under Sections 193/199/209 IPC—Held: Cognizance taken without a preliminary inquiry violates procedural safeguards—Order set aside [Paras 10-13]. Jurisdiction – Whether Application Should Have Been Heard by Original Court – C...