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

"CRIMINAL LAW" Digest

Penal Code – Voluntarily Causing Hurt – Summoning Order – Quashing – The delay in filing the private complaint and material improvements from the earlier NCR No. 158/2012 noted – Trial courts have a duty to prevent frivolous litigation at the initial stage – Summoning order quashed [Paras 1-20]. Evidence Act – Judge's Power – Section 165 &ndas...

Facts: The appellants were tried for offenses under Section 376-D of the IPC, Section 4 of the POCSO Act, and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, for committing gang rape on 21-1-2018. During the trial, the appellants filed an application for a DNA test of themselves, the victim, and the victim’s newly born baby, which was re...

Custody Dispute - Child's Welfare Paramount - Challenge against High Court's custody order favoring respondent - Matrimonial dispute involving child custody - Importance of child’s welfare as the paramount consideration in such cases [Para 3, 7, 11]. Non-compliance with Court Orders - Appellant failed to comply with the order to hand over the child's custody to respondent - Ch...

Indian Penal Code, 1860 - Section 363 - Kidnapping - POCSO Act, 2012 - Section 6 - Aggravated penetrative sexual assault - Prosecution failed to prove that the age of the victim was less than 18 years when the alleged offence was committed - Margin of error has to be reckoned with in case of ascertainment of age by radiological examination - Benefit of doubt should always go to the accused - Relat...

Criminal Appeal – Acquittal in a Case of Aiding Suicide – Appellant acquitted of charges under Sections 306 and 498A IPC – Dying declaration doubted – Evidence of crucial witnesses unreliable – Prosecution fails to prove guilt beyond reasonable doubt. [Paras 1-7] Dying Declaration – Evaluation of dying declaration’s credibility – Absence of doctor...

Criminal Procedure – Place of Inquiry and Trial – Section 117 CrPC – The Supreme Court considered the place of inquiry and trial under Section 117 of CrPC, which states that every offense shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed. The cause of action as per the FIR arose in New Delhi where the matrimonial home of the p...

Criminal Appeal – Rejection of Certificate under Section 65-B of Evidence Act – Appellant-State challenging High Court’s upholding of Trial Court’s decision – Application under Section 311 Cr.P.C. to recall witness and produce certificate was rejected due to perceived delay – Appeal allowed, orders set aside, application under Section 311 Cr.P.C. granted. [Paras...

BAIL – Grant of bail – Accused charged under sections 363/376 IPC and Section 6 of Protection of Children from Sexual Offences Act, 2012 – Prosecutrix, allegedly a minor at the time of the incident, in a relationship with the accused – Prosecutrix consistent in her statement that she went with accused out of her free will – Accused and prosecutrix wanted to marry each...

Criminal Appeal – Maintenance for Minor Child – Reduction of maintenance from ₹20,000 to ₹7,500 per month by High Court – Family Court’s decision modified without clear reasons – Supreme Court sets aside High Court’s order for lack of detailed reasoning and remands the matter for fresh consideration. [Paras 3, 13-15] Family Law – Affidavit of Disclo...

Prayer for Preventing Further FIRs and Taking Cognizance of Complaints – Petitioner seeks mandamus to stop registration of new FIRs and cognizance of complaints based on the same cause of action – Court finds such a prayer cannot be granted by any court of law. [No specific para]   Clubbing of FIRs – Request to club 30 FIRs filed in multiple states into one jurisdictio...