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

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...

NDPS Act – Re-testing of Sample – Quashment of Charge-Sheet – First CRCL report ruled out presence of Heroin – Prosecution sought re-testing merely because report was adverse – Trial Court allowed re-testing without recording cogent reasons – Held: Re-testing under NDPS Act permissible only in extremely exceptional circumstances as per Thana Singh – Mere d...

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 – Protest Complaint – Refer Report – Duty of Magistrate – When Police File Final Report Terming Complaint False and Protest Complaint is Filed, Magistrate Must Consider Refer Report and Materials Collected – Order under Section 204 Cr.P.C. Should Reflect Application of Mind and Brief Reasons for Disagreeing with Investigating Officer – Non-Considera...

PCPNDT Act – Quashing of Complaint – Illegal Sting Operation vs. Admissibility of Seized Evidence – A qualified radiologist-appellant was alleged to have conducted ultrasonography on a decoy pregnant patient without filling mandatory Form F, disclosing sex of foetus, or maintaining any record as required under Rules 9 and 10 – The sting operation was directed solely by the ...

Domestic Violence Act – Maintainability of Petition under Section 482 Cr.P.C. – Appellate Court directed return of application under Section 12 on ground of territorial jurisdiction – Held, though proceedings under Section 12 are predominantly civil in nature, High Court can invoke second limb of Section 482 Cr.P.C. to prevent abuse of process or to secure ends of justice –...

Criminal Law - Prevention of Insults to National Honour Act, 1971 – Section 2 – Quashing of Proceedings – National Flag hoisted upside down on Independence Day – Petitioner, a Second Division Assistant in Gram Panchayat, was in charge of flag hoisting ceremony – Allegation that due to negligence, Flag was unfurled in reverse position – Charge sheet materials dis...

Criminal Law - Discharge – Disproportionate Assets – Scope under Section 239 Cr.P.C. – Petitioner challenged rejection of discharge application in vigilance case alleging accumulation of assets disproportionate to known sources of income during check period 01.05.1982 to 29.12.1995 – Alleged D.A. enhanced from Rs.8,72,624/- in FIR to Rs.14,38,435/- in charge-sheet – H...

Criminal Law – Quashing - Section 195 Cr.P.C. – Bar to Cognizance – Offence under Section 182 IPC – Complaint must be in writing by the public servant concerned or by a public servant to whom he is administratively subordinate – Where original complaint was made to Superintendent of Police and SHO conducted inquiry – SHO not competent to initiate proceedings und...

Section 304-A IPC – Death by Negligence – Compromise – Quashing Impermissible – FIR registered regarding death of two workmen in factory accident – Petitioners sought quashing on basis of compromise with complainant and payment of compensation – Held: Offence under Section 304-A IPC is not a private dispute but a crime against society – Primary victim bein...