No Work No Pay Is Not a Universal Rule: Punjab & Haryana High Court Dock Identification Without Prior TIP Is Absolutely Useless: P&H High Court Upholds Acquittal in Attempt to Murder Case Filing Forged Court Pleadings in Union Government’s Name is Criminal Contempt: Karnataka High Court Sentences Litigant to Jail Execution of Will Proved, But Probate Justly Denied Due to Concealment of Property Sale: Delhi High Court Mere Designation Doesn’t Establish Criminal Liability: Bombay High Court Quashes Proceedings Against ICICI Officials in Octroi Evasion Case Law of Limitation Binds All Equally, Including the State: Allahabad High Court Dismisses Review Petition with 5743 Days’ Delay Once Selected, All Are Equals: Allahabad High Court Slams State for Withholding Pay Protection From Later Batches of Ex-Servicemen Constables Non-Compliance With Section 42 of NDPS Act Is Fatal to Prosecution: Punjab & Haryana High Court Acquits Two Accused In 160 Kg Poppy Husk Case Identification Vitiated, Diamonds Not Produced, Last Seen Theory Unreliable: Bombay High Court Acquits Two in 2011 Diamond Courier Murder Deposit of ₹5100 Crores Brings Quietus to Entire Criminal Web of Proceedings: Supreme Court Exercises Extraordinary Powers to Quash All Cases Against Hemant Hathi in Landmark Settlement-Driven Order Presumption Under Section 139 Can't Be Rebutted Pre-Trial: Supreme Court Restores Cheque Bounce Complaint Quashed By Patna High Court Supreme Court Invokes Article 142 to End Discrimination Against Ad-Hoc Employees in Allahabad High Court: Orders Reinstatement and Regularization 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 High Court Can't Re-Appreciate Evidence or Rewrite Contract to Set Aside Arbitral Award: Supreme Court Reinstates Award Under Quantum Meruit Once Arbitration Invoked, Criminal Prosecution Cannot Be Weaponised in Civil Disputes: Supreme Court Quashes FIR Against Former Director in Rent Row Section 319 CrPC | Pursuing Legal Remedies in Higher Forums Is Not ‘Evasion of Trial’; Custody Not Required for Summoned Accused: Supreme Court Order 21 Rule 90 CPC | Undervaluation or Procedural Lapses Constitute ‘Material Irregularity’, Not ‘Fraud’; Separate Suit to Bypass Limitation Impermissible: Supreme Court Order 21 CPC | Separate Suit Challenging Auction Sale Barred for Pendente Lite Transferees; Remedy Lies in Execution Proceedings: Supreme Court Non-Signatories Cannot Force Arbitration: Supreme Court Blocks Claim by Sub-Contractor Against HPCL Resignation Forfeits Pension Rights, But Gratuity Is Statutory: Supreme Court Partly Allows Appeal of DTC Employee’s Legal Heirs Appellate Courts Can’t Blanket-Exempt Convicted Directors from Deposit under NI Act Merely Because Company Wound Up: Supreme Court Refers Interpretation of Section 148 to Larger Bench Inordinate Delay Cannot Be Condoned Without Reasons: Supreme Court Slams Madhya Pradesh High Court for Casual Approach in Condoning 1612 Days’ Delay Constitutional Rights & Witness Protection | State Authorities Cannot Victimise Litigants for Approaching Court: Supreme Court Review Jurisdiction is Not an Appeal in Disguise: Supreme Court Dismisses Konkan Railway’s Plea Over Employee’s Resignation Withdrawal Agreement to Sell Does Not Create Any Right in Property, Hence No Right to Compensation on Acquisition: Allahabad High Court Sexual Harassment Complaint Can Be Inquired by ICC at Woman’s Workplace Even if Accused Works Elsewhere: Supreme Court Settles Jurisdiction Under POSH Act Mandate Expired, Arbitrator Functus Officio: Supreme Court Orders Substitution After Delay in Arbitral Award

"CRIMINAL LAW" Digest

Criminal Law – Acquittal Appeal – Scope of Appellate Review – Acquittal Upheld – Appeal by the State under Section 378(1)(3) of the Code of Criminal Procedure, 1973, challenging the acquittal of the accused for alleged cruelty and abetment of suicide under Sections 498-A, 306, and 114 IPC – The prosecution alleged that the deceased Kantaben was harassed by her in-laws...

Criminal Contempt – Baseless Allegations Against the Court and Registry – Proceedings Upheld – Allegations made in a legal notice questioned the procedure of mentioning and listing cases before the Court. The Respondent alleged improper clearing of objections by the Registry, leading to deliberate scandalization of the Court – Held: The allegations were baseless, and the Re...

Criminal Law – Conviction and Sentencing – Section 498A IPC and Section 4 of the Dowry Prohibition Act (DP Act) – Modification of Sentence – Appellant convicted under Section 498A IPC and Section 4 of DP Act for subjecting his wife (PW-4) to harassment with unlawful demands for dowry – Trial Court sentenced the appellant to three years imprisonment under Section 498A ...

Quashing of Criminal Proceedings – Section 482 CrPC – Lack of Prima Facie Case – Proceedings Quashed – Allegations of harassment, physical assault, and criminal intimidation during wrongful termination – Held: Prima facie ingredients of offences under Sections 323, 504, 506, 509, and 511 IPC not disclosed – Discrepancies in complaint and chargesheet indicate a m...

Bail Application – Offenses under Bharatiya Nyaya Sanhita and Motor Vehicles Act – Applicant arrested for rash driving under the influence of alcohol (42.5% BAC), evading checkpoints, and damaging public property – Charged under Section 110 of the Bharatiya Nyaya Sanhita (non-bailable), along with bailable offenses under the Bharatiya Nagarik Suraksha Sanhita and Motor Vehicles A...

Criminal Law – FIR Quashing - Mines and Minerals (Development and Regulation) Act – Requirement of Authorized Complaint – Section 22 of the Act – FIR quashed for prosecution initiated without a written complaint by an authorized officer as mandated by Section 22 of the Act, 1957 – Cognizance of offences under the Act or its Rules can only be taken upon such authorized...

Bail in NDPS Cases – Prolonged Incarceration – Section 21 and 29 of NDPS Act – Bail Granted – The petitioner, accused of possessing intermediate quantity of contraband, has been in custody for over one year and three months, with trial expected to take considerable time – Out of 23 prosecution witnesses, only four have been examined, with delay not attributable to the...

NDPS Act – Quashing - Admissibility of Statements under Section 67 – Reliance on Co-Accused’s Statement Quashed – The petitioner was implicated in the case solely based on the confessional statements of co-accused under Section 67 of the NDPS Act. Held: Such statements, being inadmissible under Section 25 of the Evidence Act as per Tofan Singh v. State of Tamil Nadu, cannot...

Criminal Law - Challenging dismissal of discharge - Prevention of Corruption Act and Indian Penal Code – Discharge of Accused – Allegations of Misappropriation – Petitioner (Accused No. 11), a customer of Elamgulam Service Co-operative Bank Ltd, charged under Sections 13(1)(c) and (d) read with Section 13(2) of the Prevention of Corruption Act, 1988, and Sections 409, 420, 468, 4...

Negotiable Instruments Act – Interim Compensation – Prospective Effect of Section 143A – Amendment introducing Section 143A is prospective in operation – Provision applies only to complaints filed after its enactment on 01.09.2018 – Imposition of interim compensation on complaints filed prior to this date is impermissible – Held: Legislative intent and settled p...