Punjab and Haryana High Court Quashes State Election Commission's Cancellation of Panchayat Elections in Punjab J&K High Court Quashes FIR Against Bajaj Allianz, Asserts Insurance Dispute Shouldn’t Be Criminalized Sole Eyewitness's Testimony Insufficient to Sustain Murder Conviction: Madras High Court Acquits Three Accused in Murder Case Presumption of Innocence is Strengthened in Acquittal Cases; Appellate Courts Must Respect Trial Court Findings Unless Clearly Perverse: Delhi High Court NDPS | Physical or Virtual Presence of Accused is Mandatory for Extension of Detention Beyond 180 Days: Andhra Pradesh HC Bombay High Court Quashes Suspension of Welfare Benefits for Construction Workers Due to Model Code of Conduct Section 131 of Electricity Act Does Not Mandate Finalized Transfer Scheme Before Bidding: Punjab and Haryana High Court Upholds Privatization of UT Chandigarh Electricity Department Revenue Authorities Must Safeguard State Property, Not Indulge in Land Scams: Madhya Pradesh High Court Proposed Amendment Clarifies, Not Changes, Cause of Action: High Court of Jharkhand emphasizing the necessity of amendment for determining real questions in controversy. EWS Candidates Selected on Merit Should Not Be Counted Towards Reserved Quota: P&H High Court Finance Act 2022 Amendments Upheld: Supreme Court Validates Retrospective Customs Authority for DRI Mere Breach Of Contract Does Not Constitute A Criminal Offense Unless Fraudulent Intent Exists From The Start: Delhi High Court Anticipatory Bail Not Intended As A Shield To Avoid Lawful Proceedings In Cases Of Serious Crimes: Allahabad High Court Rajasthan High Court Grants Bail in Light of Prolonged Detention and Delays in Trial U/S 480 BNSS Provision Bombay High Court Orders Disclosure of Candidates' Marks in Public Recruitment Process: Promotes Transparency under RTI Act Maintenance | Father's Duty to Support Daughters Until Self-Sufficiency or Marriage: Karnataka High Court Designation of Arbitration 'Venue' as 'Seat' Confers Exclusive Jurisdiction: Supreme Court Rules in Dubai Arbitration Case Corporate Veil Shields Company Assets from Partition as Joint Family Property: Madras High Court Principal Employers Liable for ESI Contributions for Contract Workers, But Assessments Must Be Fair and Account for Eligibility: Kerala High Court Government Entities Must be Treated Equally to Private Parties in Arbitration Proceedings: Supreme Court Supreme Court Allows Resumption of Disciplinary Inquiry Against Storekeeper in Ration Misappropriation Case

"CRIMINAL LAW" Digest

Criminal Appeals – Quashing of Complaints under Section 138 of the Negotiable Instruments Act – Vicarious liability of directors – Compliance with the requirements of Section 141(1) – Allegations lacking in complaints – Appeals allowed. Criminal Appeal – Quashing of Complaints under Section 138 of the Negotiable Instruments Act – Vicarious liability of ...

Sections 333, 353, and 451 of the Indian Penal Code, 1860 (IPC) - Appellant convicted by the Sessions Court - High Court upheld conviction but reduced the sentences - Appeal before the Supreme Court confined to the sentencing part - Appellant claimed benefit of probation under Section 360 of the Code of Criminal Procedure, 1973 (Cr.P.C.) and/or the Probation of Offenders Act, 1958 - Arguments base...

Quashing of proceedings - Alleged altercation between the appellant and respondent no. 2 in the office - Cross complaints filed by both parties - Chargesheet filed against the appellant for offenses under Sections 323, 504, and 506 IPC - Proceedings pending since 2015 - Trivial nature of allegations - Lack of progress in the case - Continuing proceedings leading to persecution and harassment - Pet...

Criminal Appeal - Validity of Sanction - Discharge of Accused - Prevention of Corruption Act, 1988, Section 13(1)(e) read with Section 13(2) - Challenge to the validity of sanction granted by the Government to prosecute the accused - Accused raising objections at various stages of trial - Trial court framing charges and examining witnesses - Accused filing interlocutory application seeking dischar...

Criminal Law – Sentencing – Proportionality – Uniform Sentencing Standard – Disparity in Sentences – Conviction for causing fatal injuries – Conversion of conviction from Section 302 IPC to Section 304 Part II IPC – Appropriateness of sentences undergone by accused persons – Role of each accused practically indistinguishable – Principle of prop...

Quashing of criminal proceedings - Jurisdiction of High Court under Section 482 of the CrPC - Principles to be considered - Exercise of power sparingly and with circumspection - Allegations must be patently absurd and inherently improbable for quashing – No meticulous examination of evidence at the stage of framing charges - Power to be used to prevent abuse of process and miscarriage of jus...

Bail Application - Rejection of bail - Appellant, along with others, accused of offenses under the GCTOC Act and IPC - Allegations of intimidation, threats, and extortion - Prima facie material indicating regular participation in crime - Bail application dismissed by High Court - Appeal filed seeking bail - Court declining bail considering alleged role of appellant, existence of other cases, and s...

Criminal trial - Circumstantial evidence - Duty of prosecution to establish guilt beyond reasonable doubt - Heavy burden on prosecution in case of circumstantial evidence - Chain of circumstances must point to only one conclusion which is that accused is guilty - Each piece of evidence in chain must stand on firm grounds - Prosecution failed to prove case beyond reasonable doubt in present case. [...

Criminal Procedure - Jurisdiction of Magistrate - Power to direct registration of FIR - Limits on the Magistrate's discretion - Magistrate's power to take cognizance and postpone process under Section 202 of the Cr.P.C. - Distinction between powers of Police to register and investigate an FIR under Section 154(1) read with 157 of the Cr.P.C. and the Magistrate's power to direct registr...

Criminal Appeal - Conviction and Sentence - Murder and Attempt to Commit Suicide - Administration of Poison to Children - Premature Release - Application for Premature Release - Rejection by State - High Court upholds Conviction under Section 302 IPC - Acquittal under Section 309 IPC - Appeal before Supreme Court - Analysis of Facts and Relevant Provisions of IPC - Benefit of Exceptions under Sect...