Section 217 CrPC Not A Mere Formality; Trial Court Must Judicially Decide Plea To Recall Witnesses Upon Alteration Of Charges: Madras High Court First Appellate Court Must Address Suspicious Circumstances Surrounding Execution Of Will; Adverse Inference To Be Drawn If Propounder Fails To Testify: Himachal Pradesh High Court Passing Contrary Orders On Identical Land Acquisition Cases Violates Public Policy, Equal Treatment: Madhya Pradesh High Court Municipal Authorities Cannot Adjudicate Title Disputes While Granting Building Permissions: Telangana High Court Statutory Insurance Companies Can’t Be Treated As Illiterate Litigants; Procedural Red Tape No Ground To Condone Delay: Orissa High Court Section 22 Hindu Succession Act Applies To Agricultural Land; Right Of Pre-Emption Is An Incident Of Succession: Supreme Court Proceedings Under Senior Citizens Act Extinguish On Death Of Applicant, Civil Remedies Apply For Property Disputes: Punjab & Haryana High Court Being A Woman Not A Ground For Bail In Heinous Crimes Against Minors: Gujarat High Court Rejects Bail In Flesh Trade Case Woman Not Entitled To Maintenance Under Section 125 CrPC If First Marriage Subsists; Illegitimate Child Entitled: Allahabad High Court Contract Workers Performing Same Duties As Regular Staff Entitled To Minimum Regular Pay Scale Under CLRA Rules: Bombay High Court Power Of Review Is To Correct Mistakes, Not Substitute Views Or Act As 'Appeal In Disguise': Kerala High Court Futile Exercise Of Jurisdiction To Proceed With Contempt For Violating Ex-Parte Order Once It Is Vacated On Merits: Karnataka High Court Threat To Force Wife Into Prostitution Strikes At Core Of Human Dignity: Gujarat HC Denies Anticipatory Bail In Abetment To Suicide Case Injured Victim's Testimony Carries Built-In Guarantee Of Truthfulness, Requires No Corroboration For Conviction: Allahabad High Court Section 138 NI Act Offence Can Be Compounded At Revision Stage Under Section 147 Read With Section 320 CrPC: Punjab & Haryana High Court

"CRIMINAL LAW" Digest

Criminal Law – Bail in Multiple FIRs – Clubbing of FIRs – Builder Fraud – Section 420 IPC and Section 138 NI Act – FIRs Clubbed - The petitioner, a director of “Agrani Homes”, faced 81 FIRs by home buyers alleging fraud in collection of Rs.13.94 crore for undelivered flats – Supreme Court held that clubbing of all FIRs was appropriate, treating the f...

Criminal Law - Foreigners Act – Misapplication of Section 14B – Charge Modified – Petitioner, a Sri Lankan national, accused of overstaying a valid visa and creating false Indian identity documents – Trial court erroneously framed charge under Section 14B of the Foreigners Act alleging use of forged passport to enter India – Held: Prosecution case itself confirms entr...

Contempt of Court – Advocates Act – Enrolment Fees – Compliance with Judgment in Gaurav Kumar v. Union of India – Petition Closed – Petitioner alleged that Karnataka State Bar Council was collecting fees of ₹6,800 and ₹25,000 as “optional charges” in addition to statutory enrolment fees – Bar Council of India affidavit confirmed that most State B...

Criminal Law – Section 482 CrPC – Challenge to Dismissal of Petition – Appeal Allowed – The appellant challenged the Rajasthan High Court’s order dismissing her petition under Section 482 CrPC concerning the non-taking of cognizance against her in-laws despite allegations in her Section 164 CrPC statement – The Investigating Officer had filed a chargesheet only ...

Matrimonial Dispute – Quashing of Criminal Proceedings – Sections 323, 406, 498-A, 506 IPC – Section 482 CrPC – Appeal Allowed – Appellants (husband and in-laws) sought quashing of FIR No.67/2019 alleging cruelty, assault, breach of trust, and intimidation – Parties divorced by mutual consent on 19.01.2024; all claims settled; complainant stated no objection to ...

Criminal Law - Dowry Demand – Quashing of FIR – Sections 3 & 4 Dowry Prohibition Act – High Court’s Finding of “Vague and Omnibus” Allegations Set Aside – The appellants lodged FIR alleging specific dowry demands by the in-laws of the prospective bridegroom, including Rs. 10 lakh, a vehicle, and cash with articles on tilak ceremony—Marriage negot...

Criminal Matrimonial Law  – Quashing of FIR under Section 498-A IPC – Matrimonial Dispute – Irretrievable Breakdown of Marriage – Marriage Dissolved under Article 142 – Parties married on 25.07.2015 – After brief conjugal life, appellant-husband alleged harassment and left the matrimonial home at Mumbai for Faridabad to care for aged parents and autistic ch...

Criminal Bail Law - Bail Granted to Accused in Brutal Murder Case Set Aside – Serious Offences, Abscondence, and Witness Intimidation Ignored – Judicial Discretion Misapplied – The Supreme Court allowed the appeal filed by the complainant against the Delhi High Court's order granting regular bail to accused Sushil Kumar, a renowned wrestler, in a case involving abduction, ass...

Matrimonial Dispute – Allegations against Father-in-law – Sections 498A IPC & 3, 4 Dowry Prohibition Act – Quashing under Article 142 – Appellant, father-in-law of complainant, sought quashing of FIR alleging dowry demand and physical assault – FIR lodged nearly two months after alleged incident and after husband filed divorce petition – Complainant and husb...

Criminal Writ Law - Mental Illness and Criminal Trial – Resumption of Trial under Section 331 & 332 Cr.P.C – Limited Enquiry Required – Violation of Natural Justice – Partially Allowed - After being declared unfit to stand trial under Section 329 Cr.P.C due to paranoid schizophrenia, the accused was later found fit for trial following treatment – Sessions Court pr...