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 138 NI Act | Signing Board Resolution Doesn't Make Director Liable For Cheque Bounce: Supreme Court Written Reply To Show Cause Notice Sufficient, No Right To Personal Hearing For Borrowers Before Fraud Classification: Supreme Court Upholds RBI Master Directions Borrowers Have No Right To Personal Hearing Before Fraud Classification, But Full Forensic Audit Report Must Be Supplied: Supreme Court

"CRIMINAL LAW" Digest

Criminal Law – Quashing  – Sanction for Prosecution – Non-Application of Mind – Sanction Order Quashed – Applicants, Axis Bank officials, were prosecuted based on a sanction order issued by a corporate executive without proper application of mind – Sanction extended to IPC offences not sought or within authority’s purview – Held: Sanction vitiat...

Criminal Law - Quashing of FIR – Procurement Irregularities – Comparative Statement Tampering – Petition Dismissed - Petitioner filed petition under Section 482 CrPC to quash FIR alleging criminal conspiracy and fraud in supply of sanitizers during COVID-19 pandemic – Allegations include manipulated comparative statements, inflated pricing, and favoured selection of supplie...

NDPS Act – Joinder of Charges – Section 218 Cr.P.C. Violated – Discharge Granted – Applicant was charged under Sections 8(c), 22(b), 27A and 29 of the NDPS Act based on alleged procurement of 44 grams of mephedrone in small quantities over 18 months – Held: Charges for distinct acts of procurement spread over more than a year could not be tried jointly in the absence ...

Criminal Law - Sections 279, 337, 338, and 304A of the Indian Penal Code (IPC) - Motor Accident – School Bus Incident – Alleged Rash and Negligent Driving – Conviction Set Aside – Accused allegedly drove school bus rashly on 05.10.2010, causing death of one child and injuries to others—Trial Court convicted under Sections 279, 337, 338, 304A IPC, and Sessions Court af...

Criminal Law – Matrimonial Cruelty and Misappropriation – Quashment of Proceedings – Petitioners accused under Sections 498A and 406 r/w Section 34 IPC for allegedly subjecting the de facto complainant (wife of accused No.1) to mental cruelty and misappropriating 63 sovereigns of gold ornaments – Allegations include making derogatory remarks about complainant's appearan...

Criminal Law – Corruption and Forgery – Conviction and Sentence – Appellants convicted under Sections 420, 468, 471 and 120B IPC read with Section 5(2) and 5(1)(d) of the Prevention of Corruption Act, 1947 – Allegation of fraud involving fake consignment notes and transport receipts issued on behalf of a defunct transport firm causing loss of ₹13.29 lakhs to SBI – T...

Criminal Law - Sections 7, 13(1)(d) read with 13(2), and Section 20 of the Prevention of Corruption Act, 1988 - Corruption Charges – Demand and Acceptance of Bribe – Proof Required – Acquittal Upheld – Respondent was accused of demanding and receiving ₹1,500 as bribe for submitting a spot inspection report – Trial Court convicted him based on recovery of tainted mon...

Criminal Law - Section 304 Part II IPC – Culpable Homicide - Related Witness – Testimony of Son of Deceased – Conviction Sustained – The court held that the testimony of P.W.1, son of the deceased and eyewitness, was credible and consistent with medical and corroborative evidence – Held: Relatedness alone is no ground to discard trustworthy testimony – Evidence ...

Criminal Law – Appeal Against Conviction - Criminal Negligence – Driving at High Speed – Mere Speed Insufficient to Establish Rashness – Conviction Set Aside – Petitioner convicted under Sections 279/304A IPC for allegedly driving at high speed and causing death of two pedestrians – No eyewitness deposed that driving was rash or negligent – All witnesses o...

Criminal Law  – Prevention of Corruption Act – Sections 7, 13(1)(d), 13(2) – Demand Not Proved – Acquittal Upheld – The complainant alleged that the accused, a public servant, demanded ₹1,000 to facilitate processing of a government loan – Trap arranged and accused allegedly caught with the bribe amount – Trial Court acquitted the accused on ground ...