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

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...

Criminal Law – Quashing of Final Report – Petition under Section 482 Cr.P.C. – Petitioner accused of offences under Section 15(1) of POCSO Act and Section 67B of IT Act – Allegations of sharing and transmitting pornographic material involving a child – No material evidence to show petitioner shared or transmitted such material – Mere possession or storing withou...

Negotiable Instruments Act – Section 138 – Vicarious Liability of Non-Executive Directors – Applicability of Section 141 – The appellants, non-executive directors of the accused company, were prosecuted for dishonour of cheques issued towards repayment of an Inter-Corporate Deposit (ICD) – The cheques were neither signed by the appellants nor were they involved in fin...

Bail Application – Accused Charged Under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act – Consideration of Offense Severity – Bail Granted - The appellant was accused of assaulting the complainant’s husband with a beer bottle, causing injuries, and making caste-based derogatory remarks. The Special Judge rejected bail, citing incomplete investi...

Criminal Law - Juvenile Justice – Joint Proceedings – Section 23 of JJ Act – Trial of Child in Conflict with Law Separately – The petitioner, a child in conflict with law (CCL), challenged the order permitting his joint trial with an adult co-accused before the Children’s Court – The prosecution argued that once a child is assessed for trial "as an adult,&q...

Criminal Revision – Conviction for Fraud – The petitioner was convicted for offenses under Sections 403, 467, 468, 471, and 120-B IPC, involving the fraudulent manipulation of lapsed insurance policies to siphon funds using fake accounts – The petitioner’s conviction was upheld by both the Trial Court and the Appellate Court – High Court found no legal infirmity in th...

Criminal Procedure – Quashing of FIR – Section 482 Cr.P.C. – Principles – Petitioner sought quashing of FIR alleging cheating and breach of trust – Contention that the dispute was purely civil in nature – High Court considered the necessity to prove fraudulent intention at the inception of the transaction for the offence of cheating to be made out – Emphas...

Criminal Law – Revisional Jurisdiction – Discharge order in a murder case - High Court’s Power to Stay Discharge Order – The High Court exercised its revisional jurisdiction to stay the order of discharge granted by the Sessions Court and directed the appellant to surrender – The Supreme Court held that an order staying the discharge is an extraordinary measure that s...

Criminal Procedure – Proclamation under Section 82 Cr.P.C. – Non-Compliance with Mandatory Procedure – Held: The trial court declared the petitioner a proclaimed person without adhering to the procedural requirements of Section 82 Cr.P.C. – No prior issuance of summons or bailable warrants before resorting to proclamation – Failure to record satisfaction that the peti...

Criminal Law - Bank Fraud – Criminal Conspiracy – Misuse of Credit Facility – Conviction Upheld – The accused, in conspiracy with a bank manager, obtained fraudulent credit facilities, causing wrongful loss to the bank – Loan limits were enhanced despite non-payment of earlier dues, and cheques presented by the accused were dishonored – Held: The appellants coll...