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 - Murder  –Section 302 & 34 of the  IPC – Acquittal Ordered – The Trial Court and High Court had convicted the appellants based solely on the testimony of the deceased’s wife and son – Supreme Court found improbabilities in their presence at the scene, contradictions with the medical evidence, and no corroboration from other witnesses &ndash...

Quashing of Criminal Proceedings – Section 376 IPC – Exception in Peculiar Circumstances – Continuation Unnecessary – The appeals arose from refusal by High Court to quash criminal cases including Section 376 IPC despite mutual settlement – Supreme Court noted second FIR (376 IPC) was lodged immediately after first FIR by opposite side and complainant categorically ex...

Criminal Law  – Abetment of Suicide – Appeal Against Conviction - Sections 306 and 498A IPC – Acquittal Granted – Appellant was convicted for cruelty and abetment to suicide of his wife based on stale allegations and letters referring to incidents from 1999–2000 – Suicide occurred in 2005 – Court held that the time gap negated any proximate cause or i...

Dishonour of Cheque – Lack of Authorization – Conviction under Section 138 of NI Act Set Aside – The accused issued a cheque in settlement of a failed property transaction where consideration was paid jointly by the complainant and another individual – The accused challenged the maintainability of the complaint on the ground that the complainant alone could not prosecute wi...

Criminal Law - Murder  – Circumstantial Evidence – Section 302/120-B IPC – Conviction Upheld - The appellant challenged her conviction for conspiring to murder a 9-year-old boy through a child in conflict with law by drowning him in a stepwell – The prosecution’s case was based on circumstantial evidence comprising six factors: family dispute (motive), incriminat...

Criminal Law - Bail – Sections 8(c), 20(b), 22(c), 23(c), 27-A and 29 of the NDPS Act – Conscious Possession Not Established – Bail Granted – The High Court allowed bail to the petitioner who was arrested after collecting a courier parcel containing 100 LSD blots, observing absence of evidence proving conscious possession and involvement in narcotics trafficking – Hel...

Criminal Law - Anticipatory Bail – Economic Offence – Sections 3 & 4 of PMLA – Bail Denied – Petitioner sought anticipatory bail contending false implication in ECIR case regarding cryptocurrency fraud – ED objected highlighting petitioner’s alleged mastermind role in running Ponzi scheme under fake crypto “Emollient Coin” – Allegations inc...

Criminal Law - DNA Testing in Rape Case – Quashing of Sessions Court Order – Mandatory DNA Sampling Upheld – The petitioner, prosecutrix, filed a petition under Section 482 Cr.P.C. seeking to quash the order of the Additional Sessions Judge which had set aside the Magistrate’s order permitting DNA sampling of Respondent No.2 in a case registered under Section 376 IPC. The D...

Criminal Law - Bail Cancellation – Abuse of Official Position – Sections 376, 328 IPC and Sections 3/4 IT Act, SC/ST Act – Bail Cancelled - The Supreme Court considered an appeal filed by the victim against the grant of bail to respondent No.2, who was accused of serious offences including sexual exploitation and torture of female inmates under her care as Superintendent of a wom...