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 Pendency Of Matrimonial Dispute With General Allegations Not A Valid Ground To Deny Public Employment: Allahabad High Court Minimum Five Persons Mandatory To Prove 'Preparation For Dacoity' Under Section 399 IPC: Gujarat High Court Suit For Specific Performance Not Maintainable Without Prayer To Set Aside Termination Of Agreement: Madras High Court Trial Court Must Indicate Material Forming Basis Of Charge, Mechanical Framing Of Charges Impermissible: Madhya Pradesh High Court Gated Community Association Cannot Exclude LIG/EWS Allottees, Single Unified Society Mandatory: Telangana High Court

"CRIMINAL LAW" Digest

NDPS Case – Grant of Bail – Recovery of Phensedyl Syrup – Bail Granted – Appellants were arrested in connection with a case under Sections 21(c), 27A, and 29 of the NDPS Act – They had been in custody since 22.04.2024 with no prior NDPS-related criminal antecedents – Supreme Court noted the delay in trial, with not even one of eleven witnesses examined – H...

Criminal Law – Quashing of FIR – Allegations of Sexual Harassment and Intimidation – Petition Dismissed – Petitioner sought quashing of FIR under Sections 354, 354A, 506 IPC, alleging false implication by his niece-in-law – The Court noted that FIR disclosed specific acts of molestation and intimidation occurring over a sustained period – Held: Allegations, if t...

Criminal Law - Dishonour of Cheque – Section 138 NI Act – Conviction Justified – Cheque issued for Rs. 5,20,000 as part payment of existing liability – Dishonoured for insufficient funds – Legal notice issued but no reply or payment made – Trial Court and Appellate Court rightly convicted the accused and sentenced him to two months’ simple imprisonment wit...

Criminal Law – Murder – Section 302 of the IPC - Acquittal – Appeal against conviction allowed after 23 years of FIR registration – Trial court had convicted appellant Gajender @ Lambu under Section 302 IPC and sentenced him to life imprisonment – High Court finds that the case is based entirely on circumstantial evidence, with key prosecution witnesses turning hostil...

Negotiable Instruments – Dishonour of Cheque – Compounding of Offence – Conviction Set Aside – Petitioner convicted under Section 138 of the Negotiable Instruments Act for dishonour of cheque of ₹3,90,000 – Conviction upheld by appellate court with modification of sentence from rigorous to simple imprisonment – During pendency of revision, parties amicably set...

Criminal Law - Dowry Death - Section 304B, 498A, 302, 201 of the IPC – Appeal Against Acquittal - Presumption under Section 113B – Not Attracted – Presumption Rejected - Marriage of the deceased was within 7 years, but prosecution failed to prove cruelty or harassment in connection with dowry demand – Testimonies of family members lacked consistency, specificity, and corrob...

Bail - Prevention of Corruption Act – Demand for Bribe – Prima Facie Allegations Based on Trap and DVR Evidence – Bail Granted – Petitioner alleged to have demanded and partially accepted bribe to help fabricate documents in a drug case – Trap failed as petitioner fled the spot, destroyed DVR, and allegedly threatened complainant – Court held that gravity of off...

Anticipatory Bail – Sections 109, 310, 115(2), 117(1), 117(2), 126(2), 351(2), 190, 299, 191 of the BNS - Brutal Assault by Police – Delay in FIR Registration – Bail Denied – Petitioner, a police officer, sought anticipatory bail under Section 482 BNSS for assaulting an Army Colonel and his son – FIR registered eight days later following public outcry – Allegati...

Custodial Death – Excessive Force by Police – Compensation Granted – Petition under Section 482 CrPC seeking fair investigation in FIR concerning the death of petitioner’s son by police firing – FIR was diluted to Section 304 IPC despite allegations of point-blank shooting by Head Constable – Court held that use of lethal force against an unarmed accused was dis...

Criminal Law - PMLA Offence – Bail – Predicate Offence Bail Granted – Relaxation of Section 45 PMLA – Bail Allowed – The appellant, a headmaster, was accused of conspiring to leak the question paper of a competitive government examination and was arrested along with 36 candidates found with the leaked paper – The Enforcement Directorate registered a separate ECI...