Abandoning Arbitration Proceedings Bars Fresh Section 11 Application On Same Cause Of Action: Supreme Court Department Must Lead Evidence, Examine Witnesses To Prove Charges Unless Employee Clearly Admits Guilt: Supreme Court Order IX Rule 13 And Section 96 CPC Have Distinct Scopes; Minor Unrepresented In Original Suit Can Seek Setting Aside Ex-Parte Decree: Supreme Court Minor Heir Cannot Be Expected To Respond To Public Notice Independently: Supreme Court Sets Aside Ex Parte Succession Certificate Supreme Court Restores Acquittal In POCSO Case, Holds DNA Evidence Not Infallible If Blood Sample Collection Is Disputed Bar Under Section 197 CrPC Applies At Stage Of Cognizance; Subsequent Notification Cannot Invalidate Valid Proceedings: Supreme Court State Cannot Apply Harsher Remission Policy Retrospectively To Deny Premature Release: Supreme Court Superficial Bail Orders In Dowry Death Cases Weaken Public Faith In Judiciary: Supreme Court Cancels Husband's Bail Non-Deposit of Balance Amount During Suit Doesn't Prove Lack Of Readiness: Bombay High Court Grants Specific Performance Of 1978 Oral Agreement Teacher Appointed In 'Pass' Graduate Category Entitled To Higher Pay Scale Upon Acquiring Master's Degree During Service: Calcutta High Court Ex-Parte Maintenance Order Under Section 144 BNSS Must Be Challenged Before Family Court First, Direct Revision Not Maintainable: Allahabad High Court Occupant Cannot Be Denied Electricity Merely Because Decree-Holder Demands Disconnection Pending Eviction: Andhra Pradesh High Court Anticipatory Bail In PMLA Cannot Be Granted If Accused Obstructs Probe & Gives False Answers Even If Beneficiary Of Section 45 Proviso: Delhi High Court Tender Condition Disqualifying Bidders For Past Bridge Collapses Does Not Amount To Blacklisting: Gauhati High Court Mere Unauthorized Entry On Government Land Does Not Constitute Criminal Trespass Without Intent To Annoy: Himachal Pradesh High Court Mere Buildings Without Life-Saving Machinery Don't Fulfil Article 21 Mandate: Jharkhand HC Orders State-Wide Functional Burn Wards Within 120 Days Unestablished Claim Of Co-Heirship Does Not Mandate Reference To Civil Court For Apportionment Of NHAI Compensation: J&K High Court Accused Cannot Defer Cross-Examination By Merely Claiming Defence Strategy Will Be Disclosed: Madhya Pradesh High Court Allegations Confined To Negligence, Not Criminal Intent: Punjab & Haryana High Court Grants Anticipatory Bail To Ex-SGPC Secretary In Missing 'Saroops' Case True Owner Cannot Unlawfully Enter Tenanted Premises Under Guise Of Ownership To Commit Offence: Kerala High Court Upholds Landlord's Conviction RTO Officials Cannot Seize Vehicles Without Specific Statutory Authority; Actions Pending Writ Proceeding Highly Improper: Karnataka High Court Supreme Court Flags West Bengal Incidents, Orders Central Forces to Shield Judges on Ground Duty

"CRIMINAL LAW" Digest

Criminal Law – Inherent Power under Section 482 CrPC – Quashing of FIR – Court reiterated that inherent jurisdiction can be exercised where allegations, even if taken at face value, do not disclose commission of offence and continuation of proceedings would amount to abuse of process – Proceedings arising out of P.S. Case No.408/2023 quashed [Paras 6, 15–16].  ...

Criminal Law – Murder – Unlawful Assembly – Section 302 read with Section 149 IPC – Dismissal of Appeals – Accused persons convicted for murder of deceased by brutally assaulting him with swords and guptis resulting in multiple incised, stab and chop injuries – Prosecution relied on eyewitness testimony, extra-judicial confession, recovery of blood-stained weapo...

Preventive Detention – Goonda Act – Live and Proximate Link – Detention order passed on 30.08.2025 relying on criminal cases registered between 2019 and 2024 – Last crime dated 15.03.2024 – Gap of more than 16 months between last offence and detention order – Held: Absence of live and proximate link between past conduct and imperative need for detention – ...

Criminal Law – Suspension of Sentence – Post-Conviction Bail under Section 389 Cr.P.C. – Appellant convicted for conspiracy, fabrication of evidence and culpable homicide not amounting to murder in case relating to assault and custodial death of father of minor rape victim – Maximum sentence of 10 years rigorous imprisonment awarded, sentences directed to run concurrently &...

Murder – Conviction – Benefit of Doubt – Appellant convicted under Section 302 IPC while two co-accused acquitted on same evidence – Prosecution case based on eye-witness testimony of related witnesses – Material contradictions in statements of PW-1 regarding visibility and assault – PW-1 admitted in cross-examination that due to darkness he could not see assaul...

Criminal Law – Murder – Section 302, Indian Penal Code, 1860 – Conviction Confirmed – Prosecution established motive, preparation, recovery of the dead body, and medical/scientific evidence forming a complete chain of circumstantial evidence against the accused for the murder of a 3.5-year-old child – The accused harbored hatred towards the child's mother and gran...

SC/ST (Prevention of Atrocities) Act – Section 3(1)(x) – Essential Ingredients – “Public View” – Conviction of appellant, a senior officer, for allegedly abusing subordinate belonging to Scheduled Caste by caste-based slurs – Complaint silent as to date, time and place of incident – No averment that alleged abuse occurred “within public view&rd...

Bail – UA(P) Act – Long Incarceration – Right to Speedy Trial – Appellant/9th accused charged under IPC, UA(P) Act, Arms Act and NDPS Act for alleged conspiracy to revive LTTE, trafficking of 300.323 kg heroin and prohibited arms for raising funds and waging war – In custody from 05.10.2021 – Trial not commenced – 209 witnesses and 446 documents cited &nda...

Criminal Law – Assault on Minor – Injured Witness – Conviction under Section 324 IPC Affirmed – Appellants assaulted minor victim with iron rod causing bleeding head injuries – Injured victim’s testimony found cogent, natural and corroborated by medical evidence and eyewitnesses – Minor discrepancies as to time of incident held immaterial – Evidence ...

Anticipatory Bail – Economic Offence – Cheating in Commercial Transactions – Petitioner allegedly induced complainant to supply large quantity of basmati rice by offering higher than market rates and representing assured payment within 10–12 days – Part payment of Rs. 8 lakhs made to gain confidence – Subsequent non-payment and alleged threats – Multiple s...