Exception 4 To Section 300 IPC Not Applicable Where Accused Takes Undue Advantage By Inflicting A Fatal Injury On An Unarmed Victim: Kerala High Court. Custodial Interrogation Isn't Automatic: Punjab & Haryana HC Criticizes ED Remand Process Patna High Court Acquits Accused in Abduction Case Due to Inconsistencies and Lack of Evidence Madhya Pradesh High Court Quashes Passport Authority's Demand for Court Permission in Minor’s Passport Renewal Dispute Serious Allegations Under POCSO Act Cannot Be Quashed Solely Based On Withdrawal Of Accusations By The Victim’s Parent: Kerala High Court No Arbitrary Cut-Off Dates: HC Strikes Down Pension Restrictions for National Emergency Veterans Disciplinary Upholds Action Against RPF Officer For Failing To Prevent Theft: Delhi High Court Eviction Under Senior Citizens Act Not Permissible Without a Maintenance Claim: Patna High Court Maintainability of Divorce Suits Under Muslim Personal Law: Madhya Pradesh High Court Recognizes Muslim Male's Right to Judicial Divorce Presumption Under Section 113A of the Evidence Act Cannot Arise Without Evidence of Cruelty: Supreme Court Judicial Review Under Article 32 Not a Substitute for Statutory Remedies: Supreme Court Prosecution Failed to Prove Ingredients of Kidnapping or Abduction with Illicit Intent: Supreme Court Excise Duty | Price Was Not the Sole Consideration for Sale, and Extended Limitation Was Unjustified: Supreme Court Disciplinary Proceedings Based on Hearsay and Malice Cannot Be Sustained: Supreme Court

"CRIMINAL LAW" Digest

Service Recognition – Cancellation of Recognition – Petitioner’s service as Assistant Teacher initially recognized but later canceled without proper notice or enquiry – Court held cancellation invalid due to procedural deficiencies and prior court orders recognizing service – Cancellation order set aside – Respondents directed to reassess recognition considering...

Criminal Law – Unauthorized Abortion – Conviction under Section 314 IPC – Appellant accused of conducting an abortion leading to the death of the victim – Trial court’s conviction based on witness testimony and medical evidence – Appeal filed under Section 374 Cr.P.C. challenging conviction and sentence – High Court upheld the conviction but modified the s...

Criminal Law – Rape Conviction – Sentencing Reduced – Appellant convicted under Sections 451, 376, and 506 IPC for committing rape, trespass, and criminal intimidation – Trial Court sentenced him to rigorous imprisonment: 1 year for Section 451, 3 years for Section 506, and 7 years for Section 376 IPC, with fines imposed – High Court upheld the conviction but reduced ...

Criminal Law – Conviction Modified – Appellants charged under Sections 302, 324, 326, and 114 of IPC for murder of a co-worker during a sudden quarrel while playing cards – Trial court convicted under Section 302 IPC and sentenced to life imprisonment – High Court re-examined evidence and held the offence falls under Section 304 Part II IPC as there was no premeditation &nd...

Anticipatory Bail – Suicide Inducement Allegations – Accused seeks anticipatory bail asserting no direct or indirect role in deceased’s suicide – Claims only demanded repayment of invested money – Court examines circumstances and legal principles governing anticipatory bail [Paras 1-3]. Judicial Discretion – Criteria for Bail – High Court considers abse...

Criminal Procedure – Second Application for Pardon – Section 306 Cr.P.C. – Maintainable with Changed Circumstances – The Court held that a second application for pardon under Section 306 of the Cr.P.C. is maintainable only when there are changed circumstances – Here, A1 alleged threats to his life as a fresh circumstance for seeking pardon – Held: Second applica...

Criminal Law – Successive Bail Application – Rejection of Bail Based on Lack of Change in Circumstances – The applicant sought bail under Section 439 of the Criminal Procedure Code, 1973, after the rejection of the earlier bail application by the High Court and its dismissal by the Supreme Court. The case involved charges under Sections 409, 420, 504, 506(2), and 120(B) of the In...

Criminal Law – Abetment to Suicide and Extortion – Petitioners accused of lending money at exorbitant interest rates, coercing the deceased to execute land agreements, and subjecting him to constant threats – Deceased committed suicide by consuming poison – FIRs lodged by deceased's wife after his death – Court held that prima facie ingredients of the alleged offe...

Dishonor of Cheque – Acquittal - Presumption Under Section 139 NI Act – Leave to Appeal Denied – The petitioner appealed an acquittal in a Section 138 NI Act case, asserting that the respondent issued a dishonored cheque to repay a loan. Held: Section 139 of the NI Act creates a presumption in favor of debt or liability. However, this presumption is rebuttable, and the accused ne...

Criminal Law – Premature release – Petition filed under Articles 226 and 227 of the Constitution challenging rejection of premature release by State – Petitioner convicted for murder under Section 302 IPC and had undergone 23 years of imprisonment with remission – Sentence Review Board recommended premature release, citing good conduct and family support – State rejec...