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

Negotiable Instruments Act - Complaints under Section 138 - Legally recoverable debt - Cheque issued within the period of limitation - Complaints filed within time - No grounds for quashing the complaint - High Court erred in quashing the proceedings - Orders set aside. [Para 2-18] Expeditious Trial of Cases under Section 138 of NI Act - Power of Magistrate under Section 322 of CrPC - Jurisdict...

Abuse of Process – Inherent Powers under Section 482 CrPC – Quashing of FIR- The inherent powers of the High Court under Section 482 CrPC or Article 226 of the Constitution can be invoked to quash criminal proceedings if it is found that the proceedings amount to an abuse of process of law or are intended to harass the accused. The Supreme Court highlighted that criminal proceedin...

Criminal Appeal – Reversal of Acquittal by High Court – Conviction under Section 302 IPC  The appellant was convicted under Section 302 of IPC by the High Court of Karnataka, reversing the acquittal granted by the Trial Court. The appellant challenged the High Court’s judgment in the Supreme Court. [Para 2-6] Last Seen Theory – Inconsistencies in Testimonies and...

Criminal Law – Bail – Grant of Bail – The High Court's decision to grant bail to the accused, a history-sheeter charged with murder and other serious offences, was challenged. The Supreme Court noted the potential threat to witnesses and the safety concerns of victims' families. It emphasized the need for courts to consider the impact of bail on the witnesses and the publ...

Insolvency and Bankruptcy Code, 2016 – Section 14(2A) – Supply of Goods or Services – During the moratorium period, the Interim Resolution Professional (IRP) or Resolution Professional (RP) must ensure that the supply of goods or services critical to protect and preserve the value of the corporate debtor is not terminated, suspended, or interrupted, except where dues are unpaid o...

Appeal Background – Conviction Challenge  The appellant appeals against the judgment of the Madurai bench of Madras High Court, which upheld his conviction under Sections 450 & 302 IPC. [Para 2-3] Factual Background – Love Affair and Death  The appellant and the deceased were in a love relationship. The deceased's change in behavior and her friendship with ...

Criminal Appeal – Conviction based on Circumstantial Evidence – Acquittal – The appellant challenges the judgment and order of the High Court and trial court that convicted him for murder. The appeal revolves around the assessment of the evidence presented by the prosecution. The conviction is questioned based on the insufficiency and unreliability of evidence. [Para 1] Standa...

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) - Sections 15, 42 - Non-compliance of Section 42 - Secret information not reduced into writing - Breach of mandatory provision - Acquittal of appellant - Ruqa sent for recording FIR not sufficient compliance with Section 42 - Non-compliance of statutory provisions - Prejudice irrelevant - Absolute duty with strict compliance ruling ...

Criminal Law - Conviction based on Circumstantial Evidence - Standard of Proof - The prosecution must establish the circumstances from which the conclusion of guilt is drawn beyond reasonable doubt. The circumstances must be consistent only with the hypothesis of the accused's guilt and should exclude every other possible hypothesis. There must be a complete chain of evidence leaving no reason...

Criminal Appeal – Quashing of Proceedings – Appellant challenges the impugned order of the High Court – Appellant granted leave – Merits of arguments not considered, given potential impact on trial rights [Para 2]. Scope of Quashing Proceedings – Distinction between quashing proceedings under Section 482 of Cr.P.C. and application for discharge – High Court c...