Cruelty Need Not Be Physical: Mental Agony and Emotional Distress Are Sufficient Grounds for Divorce: Supreme Court Section 195 Cr.P.C. | Tribunals Are Not Courts: Private Complaints for Offences Like False Evidence Valid: Supreme Court Limitation | Right to Appeal Is Fundamental, Especially When Liberty Is at Stake: Supreme Court Condones 1637-Day Delay FIR Quashed | No Mens Rea, No Crime: Supreme Court Emphasizes Protection of Public Servants Acting in Good Faith Trademark | Passing Off Rights Trump Registration Rights: Delhi High Court A Minor Procedural Delay Should Not Disqualify Advances as Export Credit When Exports Are Fulfilled on Time: Bombay HC Preventive Detention Must Be Based on Relevant and Proximate Material: J&K High Court Terrorism Stems From Hateful Thoughts, Not Physical Abilities: Madhya Pradesh High Court Denies Bail of Alleged ISIS Conspiracy Forwarding Offensive Content Equals Liability: Madras High Court Upholds Conviction for Derogatory Social Media Post Against Women Journalists Investigation by Trap Leader Prejudiced the Case: Rajasthan High Court Quashes Conviction in PC Case VAT | Notice Issued Beyond Limitation Period Cannot Reopen Assessment: Kerala High Court Fishing Inquiry Not Permissible Under Section 91, Cr.P.C.: High Court Quashes Trial Court’s Order Directing CBI to Produce Unrelied Statements and Case Diary Vague and Omnibus Allegations Cannot Sustain Criminal Prosecution in Matrimonial Disputes: Calcutta High Court High Court Emphasizes Assessee’s Burden of Proof in Unexplained Cash Deposits Case Effective, efficient, and expeditious alternative remedies have been provided by the statute: High Court Dismisses Petition for New Commercial Electricity Connection Permissive Use Cannot Ripen into Right of Prescriptive Easement: Kerala High Court High Court Slams Procedural Delays, Orders FSL Report in Assault Case to Prevent Miscarriage of Justice Absence of Receipts No Barrier to Justice: Madras High Court Orders Theft Complaint Referral Under Section 156(3) Cr.P.C Rajasthan High Court Emphasizes Rehabilitation, Grants Probation to 67-Year-Old Convicted of Kidnapping" P&H High Court Dismisses Contempt Petition Against Advocate Renuka Chopra: “A Frustrated Outburst Amid Systemic Challenges” Kerala High Court Criticizes Irregularities in Sabarimala Melsanthi Selection, Orders Compliance with Guidelines Non-Payment of Rent Does Not Constitute Criminal Breach of Trust: Calcutta High Court Administrative Orders Cannot Override Terminated Contracts: Rajasthan High Court Affirms in Landmark Decision Minimum Wage Claims Must Be Resolved by Designated Authorities Under the Minimum Wages Act, Not the Labour Court: Punjab and Haryana High Court Madras High Court Confirms Equal Coparcenary Rights for Daughters, Emphasizes Ancestral Property Rights Home Station Preferences Upheld in Transfer Case: Kerala High Court Overrules Tribunal on Teachers' Transfer Policy Failure to Formally Request Cross-Examination Does Not Invalidate Assessment Order: Calcutta High Court

"CRIMINAL LAW" Digest

Criminal Appeal under Section 374 Cr.P.C. – Challenge against conviction for assault (Section 323/34 I.P.C.) based on an incident from 2000 involving a property dispute and physical assault [Paras 1-3, 11-12]. Investigation and Trial Proceedings – FIR lodged under Sections 323, 504, 506 I.P.C. and Section 3(1)X of S.C./S.T. Act – Charge sheet filed post-investigation – T...

Criminal case against government servant - Pendency - Promotion - Ad hoc or regular - Whether grant of promotion permissible during pendency of criminal case against government servant - Departmental proceedings exonerating employee - Held, no right of government servant to be considered for promotion during pendency of departmental or criminal proceedings - Equitable solution of granting ad hoc p...

Criminal Law - Assault Incident due to Old Enmity – Conviction of Bhola under Sections 323/34 IPC by the Special Judge SC/ST Act for assaulting complainant Ramu due to old village enmity and political differences – Incident allegedly involving lathi beating [Paras 3, 4, 9]   Factual Background and Lower Court Proceedings – FIR lodged against Bhola for assaulting a Sche...

Negligence - Liability for compensation - Distinction between civil and criminal negligence - Receipt of compensation for criminal liability does not bar claim for compensation for civil wrong - Liability to pay compensation for civil wrong and criminal wrong are independent and mutually exclusive - Liability of respondents to pay compensation established. [Para 8.1]   Standard Compensa...

Criminal Law – Gang Rape – Evidence Evaluation – involving the rape of a woman in the vicinity of a small stream on knife point by the three accused - appeals filed by the convicts against their conviction under Section 376(2)(g) read with Section 34 of the IPC for gang rape - examined the credibility of the victim's testimony, the medical evidence, and the relevance of the a...

Penal Code 1860 (IPC) - Section 306 - Abetment of suicide - An FIR under Section 306 of IPC cannot be quashed on the basis of any financial settlement with the informant, surviving spouse, parents, children, guardians, caregivers, or anyone else - Heinous or serious crimes with a serious impact on society cannot be compromised - High Court's quashing of FIR based on settlement between accused ...

Bail application - Grant of bail - Serious offense of kidnapping for ransom - Sections 364A, 365, 342, 323, 506, 120B, 34 IPC - Petitioner, a young man with no criminal antecedents, seeks regular bail in a case registered under various sections of the IPC - Prosecution alleges that the petitioner kidnapped the victim for ransom - Bail denied by lower court - Petitioner claims discrepancies and gap...

Incident and Initial Investigation – Incident on 26.07.2007 resulting in the death of three persons – FIR lodged by Shyam Singh (PW-1) – Chargesheet against five accused including appellants – Initially charged under Sections 147, 148, 149, 302, 504 IPC in Case Crime No. 412 of 2007 [Para 1].   Trial Proceedings – Examination of five prosecution witnesses i...

Bail - Grant of - Factors to consider - Nature of allegations, criminal antecedents, opportunity to course-correct - Balancing personal freedom and police investigation - Discretion of the court - Strict conditions to prevent influencing investigation, tampering with evidence, or fleeing justice - Prima facie case and reasons for release on bail - Possibility of deprivation of rights and liberties...

. Criminal Procedure Code, 1973 - Section 340 - Proceedings under - Maintenance proceedings - Duty to disclose financial status - Petitioner deliberately withholding information about employment and income - False evidence given in court - Inquiry ordered under Section 191 IPC - Petition dismissed. (Para 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12)   2. Indian Penal Code, 1860 - Sections 191 and...