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 Two-Judge Bench Can Modify Three-Judge Bench Orders: Supreme Court Supreme Court Cancels Bail Of 'Grand Venice' Promoter, Forfeits ₹50 Crore Deposit Over Siphoning Of Funds During IBC Moratorium

"CRIMINAL LAW" Digest

Sentence – Death Penalty Commuted – Life Imprisonment Without Remission Till Natural Life – Modification by Supreme Court – Appellants convicted for kidnapping, rape and murder of minor victim and destruction of evidence – Trial Court imposed death penalty – High Court commuted death sentence to life imprisonment without possibility of remission till end of natu...

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 – 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 – Quashing of FIR - Prevention of Insults to National Honour Act, 1971 – Section 2 – Essential Ingredients – Statutory provision penalizes burning, mutilating, defacing, trampling upon or otherwise showing disrespect to the National Flag in public view – Explanation 4 clarifies instances of “disrespect” including allowing the Flag to touch the...

Habeas Corpus - Preventive Detention – Goonda Act – Non-Supply of Relied Upon Documents – Detention order passed under Section 3 of Karnataka Goonda Act on ground that detenue was habitual offender involved in multiple offences under IPC, NDPS Act and BNS – Only detention order and grounds supplied – Copies of documents relied upon not furnished – Held: Non-supp...

Criminal Law – Bail – Distinction between cancellation of bail and reversal of bail order – Cancellation under Section 439(2) CrPC based on misuse of liberty – Reversal permissible where bail order ignores relevant material or is based on extraneous considerations – Present case falls in second category – High Court’s order granting bail liable to be set a...

Criminal Law – Murder vs Culpable Homicide – Section 300 Clause (3) IPC – Deceased sustained 29 ante-mortem injuries including four bone-deep lacerated wounds on parietal and temporal regions – Linear fracture of parietal bone with extradural and subarachnoid haemorrhage – Cause of death coma due to head injury – Repeated blows on vital part with lathis – ...

Criminal Law - Customs Act – Section 135(1)(b)(i) – Smuggling of Foreign Watches – Conviction – Large quantity of foreign wrist watches and straps recovered pursuant to secret information – Accused held guilty for knowingly dealing with goods liable to confiscation – Concurrent findings of Trial Court, Appellate Court and High Court affirmed – Held: No per...

Criminal Contempt – Forgery and Impersonation in Judicial Proceedings – Filing of Writ Petition and Writ Appeal in Name of Wife without her Knowledge – Attempt to Leave Country in Violation of Court Order – Apology Accepted – Respondent had instituted WP(C) No. 18665/2024 and W.A. No. 942/2024 in the name of his wife without her consent by forging her signatures on va...

Criminal Law – Murder – Conviction Based on Dying Declaration – Acquittal – Appellant convicted under Section 302 IPC for allegedly setting his wife on fire by pouring kerosene – Conviction based mainly on dying declaration recorded by police officer – High Court found serious infirmities in prosecution case – Held: Conviction unsustainable – Appella...