Owner Can Avoid Confiscation Under NDPS by Proving Lack of Knowledge or Connivance in Illicit Use of Vehicle: Supreme Court Court is Expert of Experts: High Court Upholds Right to Rebuttal Evidence in Will Dispute Exceptional Circumstances Warrant Use of Inherent Powers to Reduce Sentences in Non-Compoundable Offenses: Supreme Court Execution of Eviction Decree Limited to Suit Premises; Additional Claims Not Permissible: Bombay High Court Only Apprentices Under the 1961 Act Are Excluded from Gratuity – Calcutta High Court Demand for Penalty and Interest Without Following Natural Justice Violates Section 11A of the Central Excise Act: P&H High Court Rajasthan High Court Acquits Bank Manager, Citing "Processing Fee, Not Bribe" in Corruption Case Compensatory Nature of Section 138 NI Act Permits Compounding Even at Revisional Stage: Madras High Court Kerala High Court Quashes GST Demand of Rs. 99 Crore: Faults Adjudicating Authority for Contradictory Findings Section 138 NI Act | Compounding Permitted Even at Revisional Stage with Reduced Fee in Special Circumstances: HP High Court No Renewal, Only Re-Tendering’ – Upholds Railway Board’s MPS License Policy: Delhi High Court Punjab and Haryana High Court Quashes Second FIR Against Former Minister in Corruption Case Nature of Suit Must Be Determined on Evidence, Not Technical Grounds: Delhi High Court on Rejection of Plaint Economic Offences Must Be Scrutinized to Protect Public Interest:  Allahabad High Court Dismisses Plea to Quash FIR Against Cloud Investment Scheme Company Golden Hour Care Is a Matter of Right, Not Privilege: Supreme Court on Road Accident Victim Treatment Limitation Law | When Once the Time Has Begun to Run, Nothing Stops It: Supreme Court Section 14 of Limitation Act Shields Bona Fide Claimants: SC Validates Arbitration Amid Procedural Delay Time Lost Cannot Be Restored, But Justice Can: Supreme Court Orders Immediate Release of Convict Declared Juvenile Bailable Warrants in Domestic Violence Cases Only in Exceptional Circumstances - Domestic Violence Act Cases Are Primarily Remedial, Not Punitive: Supreme Court

"CRIMINAL LAW" Digest

High Court Order Challenged – Accused facing trial under NDPS Act requested call details of Seizure Officer and police officials – High Court directed immediate decision on such applications – Challenged by State of Rajasthan. [Paras 3-4]   Legal Position of Section 91 Cr.P.C. – Established by State of Orissa Vs. Debendra Nath Padhi (2005) 1 SCC 568 – Accus...

Trial Court's Acquittal and High Court's Reversal – The Trial Court acquitted the accused in a murder case involving the death of Marthandappa, but the High Court reversed this decision, convicting the appellants based on the testimonies of PW-3 and PW-4 (Paras 1, 2, 11-14, 18, 34).   Eyewitness Credibility and Conduct – Questioning of the credibility of PW-3 and PW-...

Criminal Law – Culpable Homicide – Section 304 Part II of IPC – The Supreme Court modified the conviction of the appellant from Section 302 (murder) to Section 304 Part II (culpable homicide not amounting to murder) of the Indian Penal Code. The Court held that the appellant's act of firing a gun in a crowded place without taking reasonable safety measures, which led to the d...

Arrest under PMLA – Legality – Appeal against the High Court’s rejection of a criminal writ petition challenging the arrest by the Directorate of Enforcement (DoE) – Supreme Court examines compliance with statutory preconditions under Section 19 of the PMLA – Emphasizes mandatory recording and furnishing of ‘reasons to believe’ – Judicial scrutiny of...

Labour Law – Regularization of Contract Labour – issue of regularizing contract workers who were engaged in permanent and perennial work at Mahanadi Coalfields Ltd. The court examined the nature of work performed by these workers and the validity of their claim for regularization in light of the National Coal Wage Agreement-IV and the Industrial Disputes Act, 1947. [Para 2-6, 14-16] ...

Criminal Procedure – Abuse of Process – Quashing of FIR – The Supreme Court overturned the decision of the Karnataka High Court, quashing the FIR against the appellants in a dispute initially labeled as criminal but essentially of a civil nature. The court emphasized the importance of distinguishing between criminal intent and mere breach of contract. [Para 2, 4, 8]   ...

Conviction of Appellants under Sections 302 and 34, and Section 325 and 34 of IPC – Life imprisonment for offence under Section 302/34 and three years of rigorous imprisonment for offence under Section 325/34 – Patna High Court upheld the convictions – Accused no.3 (Paro Yadav) convicted only under Section 302 IPC; no Section 34 applied [Paras 1, 6] Incident Details – PW...

Criminal Appeals – Interim Orders by High Court – Appeals against High Court's interim orders staying FIRs and ECIR proceedings against respondents in cases involving IHFL, M3M India Pvt. Ltd., and others – High Court orders based on Supreme Court's earlier order – Appeals heard together due to interconnected nature. [Para 2, 16]   Financial Transactions ...

Anticipatory Bail Application - Application under Section 438 Cr.P.C. for anticipatory bail in FIR No. 486/2023 for offences under Sections 354/ 354A/ 354D/509 IPC and Sections 8/12 of POCSO Act - Alleged inappropriate gestures and physical assault by the petitioner towards a minor victim - Petitioner’s contention of false implication and evidence of absence from the crime scene [Paras 1, 2,...

Liability under Arms Act – Section 29 and 30: The prosecution must prove that the appellant knowingly delivered the firearm to another person not entitled to possess it under the Arms Act. In this case, there was no evidence that the appellant willingly handed over the firearm to the co-accused. The firearm was taken without the appellant's knowledge or permission from a jointly owned fa...