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

"CRIMINAL LAW" Digest

Criminal Law – Quashing of FIR – Compromise in Non-compoundable Offense – The petitioner sought quashing of the FIR under Section 482 CrPC on the basis of a compromise with the victim, despite the offense being under Section 307 IPC, which is non-compoundable. The court considered the nature of the dispute, the relationship between the parties, and the possibility of conviction, ...

Criminal Law - Murder – Common Object – Unlawful Assembly – Conviction Under Section 302 IPC Upheld – Accused persons armed with swords fatally assaulted the deceased following a land and water dispute – The trial court and High Court convicted the accused under Sections 148 and 302 read with Section 149 IPC – Held: The prosecution successfully established the p...

Criminal Law – Murder of Wife – Appeal against conviction - Dying Declaration – Reliability and Contradictions – Conviction Set Aside – The deceased initially stated to a doctor (PW-13) and police constable (PW-9) that she caught fire accidentally while cooking – Subsequently, in a statement recorded by the Judicial Magistrate (PW-12), she alleged that the appel...

Criminal Law – Appeal against Conviction - Abetment of Suicide – Essential Elements – Absence of Proximate Incitement – Conviction Set Aside – For an offence under Section 306 IPC, there must be clear evidence of instigation or active participation in the act of suicide – Mere allegations of harassment, without direct incitement, are insufficient to establish ab...

Criminal Law - Murder – Dying Declaration – Conviction Under Section 302 IPC Sustained – The deceased suffered a fatal gunshot wound and, before succumbing, named the accused as his assailants before PW-1 (his wife) and PW-2 (his brother) – Both witnesses provided consistent testimonies regarding the deceased’s statement – Held: The dying declaration was credibl...

Criminal Law - Preventive Detention – PITNDPS Act - Detenus Already in Judicial Custody – No Material to Show Likelihood of Bail – Detention Orders Quashed – The detenus were already in judicial custody at the time of passing the detention orders – The detaining authority failed to record any cogent material suggesting that there was a likelihood of them being release...

Bail - Dowry Death – Grant of Bail – Stringent Scrutiny Required – Bail of In-Laws Cancelled – The appellant, brother of the deceased, challenged the bail granted by the High Court to four accused persons (the deceased’s in-laws) – The deceased had allegedly been harassed for dowry, with demands escalating from a motorcycle to a car – The post-mortem repor...

Criminal Law – Quashing – Rape - False Promise of Marriage – Long-Term Consensual Relationship – FIR Quashed – The appellant and the complainant were in an intimate relationship for over 16 years – The complainant alleged that the appellant had engaged in sexual intercourse with her under a false promise of marriage – However, she continued the relationshi...

Criminal Law – Appeal Against Conviction - Forgery and Fabrication – Lack of Primary Evidence – Conviction Set Aside – The appellant was convicted on the basis of allegations that he prepared the postal cover in which a forged marksheet was transmitted – The trial court relied on the testimony of a handwriting expert (PW-18) to establish the appellant’s involvem...

Quashment of Proceedings – Settlement and Lack of Evidence – Petitioner sought quashment of proceedings under Section 482 Cr.P.C. based on an affidavit from the de facto complainant indicating settlement – Allegations of rape, cheating, and intimidation found to stem from financial disputes and delayed payments, and lack substantial evidence – Court emphasized the principle...