Abandoning Arbitration Proceedings Bars Fresh Section 11 Application On Same Cause Of Action: Supreme Court Department Must Lead Evidence, Examine Witnesses To Prove Charges Unless Employee Clearly Admits Guilt: Supreme Court Order IX Rule 13 And Section 96 CPC Have Distinct Scopes; Minor Unrepresented In Original Suit Can Seek Setting Aside Ex-Parte Decree: Supreme Court Minor Heir Cannot Be Expected To Respond To Public Notice Independently: Supreme Court Sets Aside Ex Parte Succession Certificate Supreme Court Restores Acquittal In POCSO Case, Holds DNA Evidence Not Infallible If Blood Sample Collection Is Disputed Bar Under Section 197 CrPC Applies At Stage Of Cognizance; Subsequent Notification Cannot Invalidate Valid Proceedings: Supreme Court State Cannot Apply Harsher Remission Policy Retrospectively To Deny Premature Release: Supreme Court Superficial Bail Orders In Dowry Death Cases Weaken Public Faith In Judiciary: Supreme Court Cancels Husband's Bail Non-Deposit of Balance Amount During Suit Doesn't Prove Lack Of Readiness: Bombay High Court Grants Specific Performance Of 1978 Oral Agreement Teacher Appointed In 'Pass' Graduate Category Entitled To Higher Pay Scale Upon Acquiring Master's Degree During Service: Calcutta High Court Ex-Parte Maintenance Order Under Section 144 BNSS Must Be Challenged Before Family Court First, Direct Revision Not Maintainable: Allahabad High Court Occupant Cannot Be Denied Electricity Merely Because Decree-Holder Demands Disconnection Pending Eviction: Andhra Pradesh High Court Anticipatory Bail In PMLA Cannot Be Granted If Accused Obstructs Probe & Gives False Answers Even If Beneficiary Of Section 45 Proviso: Delhi High Court Tender Condition Disqualifying Bidders For Past Bridge Collapses Does Not Amount To Blacklisting: Gauhati High Court Mere Unauthorized Entry On Government Land Does Not Constitute Criminal Trespass Without Intent To Annoy: Himachal Pradesh High Court Mere Buildings Without Life-Saving Machinery Don't Fulfil Article 21 Mandate: Jharkhand HC Orders State-Wide Functional Burn Wards Within 120 Days Unestablished Claim Of Co-Heirship Does Not Mandate Reference To Civil Court For Apportionment Of NHAI Compensation: J&K High Court Accused Cannot Defer Cross-Examination By Merely Claiming Defence Strategy Will Be Disclosed: Madhya Pradesh High Court Allegations Confined To Negligence, Not Criminal Intent: Punjab & Haryana High Court Grants Anticipatory Bail To Ex-SGPC Secretary In Missing 'Saroops' Case True Owner Cannot Unlawfully Enter Tenanted Premises Under Guise Of Ownership To Commit Offence: Kerala High Court Upholds Landlord's Conviction RTO Officials Cannot Seize Vehicles Without Specific Statutory Authority; Actions Pending Writ Proceeding Highly Improper: Karnataka High Court Supreme Court Flags West Bengal Incidents, Orders Central Forces to Shield Judges on Ground Duty

"CRIMINAL LAW" Digest

Criminal Law – Quashing of Proceedings – Parity with Co-Accused – Petitioner (Accused No.14) absconded during trial – Co-accused (Accused Nos.1-13, 15-21) tried and acquitted on 30.08.2025 – Trial Court held prosecution failed to prove conspiracy, motive, presence and recovery – Independent witnesses turned hostile – No cogent, coherent or convincing evide...

Penal Code, 1860 – S. 376 – Protection of Children from Sexual Offences Act, 2012 – Ss. 3, 4 – Rape of 8-year-old child – Medical opinion vs. Legal definition – The appellant was convicted for house trespass and rape of a minor – The defense contended that the medical officer (PW-9) opined only an "attempt" to have sexual intercourse was made, th...

Bail – Rape on False Promise of Marriage – Section 376 IPC and Section 69 BNS – Long-standing relationship between parties since 2018 – Allegations that physical relations were established on repeated assurances of marriage and representations that kundalis had matched – Subsequent refusal to marry on ground of non-matching of kundalis – Earlier complaint withdr...

Criminal Law – Murder – Circumstantial Evidence – Last Seen Theory – Appellants convicted under Section 302/34 IPC for strangulation of deceased Marshal – Prosecution case based on last seen evidence, recovery of belt and car, and FSL report – Material witnesses PW-1 and PW-2 turned hostile – PW-5 and PW-6 (traffic officials) saw deceased in injured condit...

Criminal Law – Quashing of Proceedings – Section 482 Cr.P.C. – Allegations under Sections 500/504/506/509 IPC – Complaint arising out of long-standing family land dispute – No specific date, time or particular words attributed in complaint – Ingredients of alleged offences not disclosed – Held: Where complaint taken at face value does not constitute essent...

Criminal Law – Appeal Against Acquittal – Victim’s Right to Appeal – Application under Section 378(4) Cr.P.C. seeking leave to appeal against acquittal in complaint case under Sections 323, 324, 341, 506, 148, 149, 34 and 120-B IPC – In view of Supreme Court judgment in M/s Celestium Financial vs. A. Gnanasekaran, holding that a victim has an unconditional statutory r...

Criminal Law - Quashing – Non-Bailable Warrants during Investigation – Scope of Magistrate’s Power – FIR under Sections 376, 420, 506 IPC – Petitioner arrested but escaped from police custody after allegedly attacking police party – Application moved for issuance of arrest warrants – Magistrate issued warrants and later non-bailable warrants – Held: ...

Criminal Law – Anticipatory Bail – Private Complaint – Magistrate taking cognizance and issuing summons under Section 204 Cr.P.C. for offences under Sections 406 and 420 IPC – Petitioner approached High Court seeking anticipatory bail – Supreme Court held that once summons is issued, accused is required to appear before Magistrate – Mere issuance of summons does...

Criminal Law – Civil Dispute Given Criminal Colour – Alleged Forged Gift Deed – Appellant accused of forging notarized gift deed and transferring landed property of respondent-complainant – Investigation did not send admitted signatures for expert comparison – Dispute essentially arising out of property transactions between brothers – Held: Prima facie dispute b...

Criminal Law – Quashing - Bharatiya Nyaya Sanhita, 2023 – Section 69 – Sexual Intercourse on False Promise of Marriage – Accused married man allegedly concealed marital status and induced victim through social media – Repeated sexual relations resulting in pregnancy – Allegation of deceit from inception – Held: Prima facie ingredients of Section 69 BNS dis...