Section 217 CrPC Not A Mere Formality; Trial Court Must Judicially Decide Plea To Recall Witnesses Upon Alteration Of Charges: Madras High Court First Appellate Court Must Address Suspicious Circumstances Surrounding Execution Of Will; Adverse Inference To Be Drawn If Propounder Fails To Testify: Himachal Pradesh High Court Passing Contrary Orders On Identical Land Acquisition Cases Violates Public Policy, Equal Treatment: Madhya Pradesh High Court Municipal Authorities Cannot Adjudicate Title Disputes While Granting Building Permissions: Telangana High Court Statutory Insurance Companies Can’t Be Treated As Illiterate Litigants; Procedural Red Tape No Ground To Condone Delay: Orissa High Court Section 22 Hindu Succession Act Applies To Agricultural Land; Right Of Pre-Emption Is An Incident Of Succession: Supreme Court Proceedings Under Senior Citizens Act Extinguish On Death Of Applicant, Civil Remedies Apply For Property Disputes: Punjab & Haryana High Court Being A Woman Not A Ground For Bail In Heinous Crimes Against Minors: Gujarat High Court Rejects Bail In Flesh Trade Case Woman Not Entitled To Maintenance Under Section 125 CrPC If First Marriage Subsists; Illegitimate Child Entitled: Allahabad High Court

"CRIMINAL LAW" Digest

Criminal Trial – Transfer of Case – Allegations Against Presiding Officer – Transfer Directed - The petitioner sought transfer of his pending trial from the current Presiding Officer alleging lack of fairness and transparency – The Delhi High Court rejected the transfer plea – On hearing the Special Leave Petition, the Supreme Court invoked its powers to direct the Pr...

Anticipatory Bail – Withdrawal of Previous Applications – Co-Accused Already Granted Bail – Relief Granted - The appellant's anticipatory bail was denied by the High Court solely on the ground that he had earlier withdrawn similar applications – The Supreme Court noted that co-accused were granted bail and had already extended interim protection to appellant – Hel...

Anticipatory Bail – Allegations of Rape and Sexual Assault – IPC Sections 376(1), 377, 354A – Bail Granted - The appellant, alleged to be a spiritual leader, was accused of sexually exploiting a married woman and others – The FIR was lodged after delay, and the High Court had rejected anticipatory bail – Supreme Court noted earlier grant of interim protection and foun...

Criminal Law - Section 21(c), 29, and 52A of the NDPS Act – Clubbing of Contraband Quantity – No Presumption of Conspiracy – Conviction Set Aside – The appellant and co-accused were apprehended together and found with 125g and 130g of heroin respectively – Held: Mere physical proximity does not justify presumption of common intent or conspiracy – No evidence led...

Criminal Law – Section 326 IPC – Stabbing with Knife – Conviction Upheld – Appellant convicted for causing grievous hurt by stabbing neighbour in drunken state – Defence argued that witnesses were related and contradictory, no independent witnesses or recovery of weapon – Held: Evidence of injured witness (PW2) and his son (PW1), corroborated by medical officer ...

Criminal Law - Fundamental Rights – Article 21 – Protection against Custodial Violence – CCTV Cameras in Police Stations – Court-Mandated Oversight – In order to ensure protection of fundamental rights and transparency during arrests and interrogations, the Supreme Court directed all States and Union Territories to install functional CCTV cameras with audio-video reco...

Negotiable Instruments Act – Section 138 – Compounding of Offence – Conviction Quashed – Appellant convicted for dishonour of cheque of ₹5 lakhs – Courts below upheld sentence of six months’ simple imprisonment and ₹1,000 fine – During pendency of SLP, parties amicably settled the matter and complainant filed affidavit of no objection – Held: Sec...

Criminal Procedure – Anticipatory Bail – Section 18 SC/ST Act – Bar on Applicability – Offences under Sections 3(1)(o), 3(1)(r), 3(1)(s), 3(1)(w)(i) SC/ST Act alleged against respondent, including casteist abuses and assault for voting against accused in assembly election – High Court granted pre-arrest bail holding prosecution exaggerated – Held: Section 18 cre...

Anticipatory Bail – Economic Offences – Involvement in Fraudulent Investment Scheme – Bail Denied – The applicant, a partner in a firm accused of running a fraudulent investment scheme, sought anticipatory bail under Section 482 of the BNSS – FIR revealed a large-scale conspiracy involving collection of over ₹130 crores from investors through false promises – ...

Regular Bail – Allegations under BNS and POCSO – Bail Granted – Petitioners sought regular bail in connection with FIR alleging harassment of two minor girls aged 13 and 14 under Sections 126(2), 78(1), 79, 352 BNS and Section 12 of POCSO Act – Charge-sheet filed and investigation completed – Petitioners in custody for over four months with no prior criminal record &n...