Prolonged Pre-Trial Detention and Right to Liberty Cannot Be Ignored” - Punjab & Haryana High Court Emphasizes Bail as the Rule Taxation Law | Andhra Pradesh High Court Rules Hotel’s Expenditures on Carpets, Mattresses, and Lampshades are Deductible as Current Expenditures Orissa High Court Upholds Disengagement of Teacher for Unauthorized Absence and Suppression of Facts In Disciplined Forces, Transfers are an Administrative Necessity; Judicial Interference is Limited to Cases of Proven Mala Fide: Patna High Court Act Of Judge, When Free From Oblique Motive, Cannot Be Questioned: Madhya Pradesh High Court Quashes Disciplinary Proceedings Against Additional Collector Registration Act | False Statements in Conveyance Documents Qualify for Prosecution Under Registration Act: Kerala High Court When Junior is Promoted, Senior’s Case Cannot be Deferred Unjustly: Karnataka High Court in Sealed Cover Promotion Dispute Medical Training Standards Cannot Be Lowered, Even for Disability’ in MBBS Admission Case: Delhi HC Suspicion, However Strong It May Be, Cannot Take Place Of Proof Beyond Reasonable Doubt: Himachal Pradesh High Court Upholds Acquittal No Detention Order Can Rely on Grounds Already Quashed: High Court Sets Precedent on Preventive Detention Limits Tenant's Claims of Hardship and Landlord's Alternate Accommodations Insufficient to Prevent Eviction: Allahabad HC Further Custodial Detention May Not Be Necessary: Calcutta High Court Grants Bail in Murder Case Citing Lack of Specific Evidence High Court, As A Constitutional Court Of Record, Possesses The Inherent Power To Correct Its Own Record: Bombay High Court A Fresh Section 11 Arbitration Petition Without Liberty Granted at the Time of Withdrawal is Not Maintainable: Supreme Court; Principles of Order 23 CPC Applied Adult Sexual Predators Ought Not To Be Dealt With Leniency Or Extended Misplaced Sympathy: Sikkim High Court Retired Employee Entitled to Interest on Delayed Leave Encashment Despite Absence of Statutory Provision: Delhi HC Punjab and Haryana High Court Grants Full Disability Pension and Service Element for Life to Army Veteran Taxation Law | Director Must Be Given Notice to Prove Lack of Negligence: Telangana High Court Quashes Order Against Director in Tax Recovery Case High Court of Uttarakhand Acquits Defendants in High-Profile Murder Case, Cites Lack of Evidence In Cases of Financial Distress, Imposing A Mandatory Deposit Under Negotiable Instruments Act May Jeopardize Appellant’s Right To Appeal: Rajasthan High Court

"CRIMINAL LAW" Digest

Criminal Law – Quashing of Criminal Proceedings – Stage of Framing of Charge – Appellant challenged the High Court's decision to quash proceedings under Section 482 CrPC – Supreme Court held that the High Court should not evaluate the evidence on merits at this stage – Strong suspicion against the respondent based on the FIR and investigation, including recovery o...

Conviction and Appeal – Original Conviction and Subsequent Appeals The appellants were convicted and sentenced to life imprisonment under Sections 341, 302 read with 34 of IPC for the murder of Smt. Keshari Mahato. The High Court affirmed the decision. Special Leave Petition was filed, and leave was granted for A-1 (Bhaktu Gorain) and A-3 (Bandhu Gorain). [Para 2-3]   Circumsta...

Territorial Jurisdiction Dispute – Section 138, 142(2)(a)N.I. Act -  The case involves a jurisdictional dispute regarding dishonoured cheques. The Judicial Magistrate, First Class, erroneously held no territorial jurisdiction, denying the appellant a chance to remedy the situation. Procedural defects should not obstruct substantial justice. Exercise of Constitutional Powers – ...

Quashing of FIR – Inherent Powers of High Court – The Supreme Court held that the High Court erred in quashing the FIR under Section 482 CrPC without considering the investigation materials and statements collected. The High Court is not to delve into the merits of the case or conduct a trial while exercising its inherent powers. [Paras 9.1-9.3] Serious Triable Allegations – T...

Transfer of Cases – Petitioner-wife seeks transfer of multiple cases from Bihar to Mumbai – Complaints pending before various Courts in Bihar – Petitioner's grounds for transfer based on inconvenience and lack of merit in complaints. [Para 2-3] Grounds for Transfer – Petitioner's claims of not visiting Bihar and inconvenience in contesting proceedings there &ndas...

Criminal Appeal – Bail – Appellant's Bail Conditional on Husband's Surrender – High Court's conditional grant of bail to the appellant, dependent upon the surrender of the main accused, the husband of the deceased, modified by the Supreme Court. The Court holds that bail of one accused should not be dependent on the surrender of another accused. Unnatural Death &n...

Special Leave Petition – Bail Request – Petitioners charged under FIR No. 342 of 2021 for carrying 100 bottles of Phensedyl Cough Syrup containing Codeine Phosphate – In custody for over 2 years – Trial yet to commence – Petitioners seek bail. [Para 1-3] Prosecution's Stand – State counsel indicates that 12 prosecution witnesses are scheduled for examinat...

Murder and Arson – Circumstantial Evidence – The appellant was accused of setting fire to a house, resulting in the death of three individuals. The conviction was based on circumstantial evidence, including the appellant's unscathed exit from the house, presence of kerosene stains on the deceased's frock, and alleged motive arising from family disputes. The High Court affirmed ...

Indian Penal Code – Section 302 read with 34 – Murder – Circumstantial Evidence – The Supreme Court upheld the conviction of Surajdeo Mahto (Appellant No.1) based on circumstantial evidence, including the last seen theory, recovery of incriminating materials, and motive. Appellant No.1 was the last person seen with the deceased, provided false information about the deceased...

Insecticides Act – Misbranding – Quashing of Complaint – The appellants challenged the criminal complaint on the grounds that the complaint was barred by limitation, that there were procedural delays in sample testing, and that the Magistrate did not follow the prescribed procedure under Section 202 CrPC. The Supreme Court held that the complaint was indeed barred by limitation a...