State Can’t Block SARFAESI Sale by Late Revenue Entries: Secured Creditor’s Charge Prevails Over Tax Dues: Punjab & Haryana High Court Slams Sub-Registrar’s Refusal Providing SIM Card Without Knowledge of Its Criminal Use Does Not Imply Criminal Conspiracy: P&H High Court Grants Bail in UAPA & Murder Case Importer Who Accepts Enhanced Valuation Cannot Later Contest Confiscation and Penalty for Undervaluation: Madras High Court Upholds Strict Liability under Customs Act "Allegations Are Not Proof: Madras High Court Refuses Divorce Without Substantiated Cruelty or Desertion" When FIR Is Filed After Consulting Political Leaders, the Possibility of Coloured Version Cannot Be Ruled Out: Kerala High Court Mere Allegations of Antecedents Without Conviction Can't Defeat Right to Anticipatory Bail: Kerala High Court Section 106 Of Evidence Act Cannot Be Invoked In Vacuum – Prosecution Must First Lay Foundational Facts: Karnataka High Court Acquits Wife And Co-Accused In Husband’s Murder Case Marriage Cannot Be Perpetuated on Paper When Cohabitation Has Ceased for Decades: Supreme Court Invokes Article 142 to Grant Divorce Despite Wife’s Opposition Ownership of Trucks Does Not Mean Windfall Compensation: Supreme Court Slashes Inflated Motor Accident Award in Absence of Documentary Proof Concealment of Mortgage Is Fraud, Not a Technical Omission: Supreme Court Restores Refund Decree, Slams High Court’s Remand State Reorganization Does Not Automatically Convert Cooperative Societies into Multi-State Entities: Supreme Court Rejects Blanket Interpretation of Section 103 Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Eligibility Flows from Birth, Not a Certificate Date: Delhi High Court Strikes Down Rule Fixing Arbitrary Cut-Off for OBC-NCL Certificates in CAPF (AC) Recruitment Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Once a Court Declares a Department an Industry Under Section 2(j), State Cannot Raise the Same Objection Again: Gujarat High Court Slams Repetitive Litigation by Irrigation Department “How Could Cheques Issued in 2020 Be Mentioned in a 2019 Contract?”: Delhi High Court Grants Injunction in Forged MOA Case, Slams Prima Facie Fabrication

"CRIMINAL LAW" Digest

Criminal Law – Quashing of Proceedings – Securities Market Fraud – Consent Order by SEBI – Not a Bar – Petitioners sought quashing of FIR alleging conspiracy in IPO scam through fraudulent demat accounts to corner retail investor quota – Alleged offences under IPC include cheating, forgery, and criminal breach of trust – Petitioners contended SEBI's co...

Criminal Law – Summoning Of Call Detail Records (CDR) Of Investigating Officers - Electronic Evidence – Fair Trial – Appellant accused of possession of heroin and alprazolam, arrested by NCB officers near Yashica Palace hotel, Indore – Appellant disputed arrest location and sought mobile tower location and call data records of the arresting officers to demonstrate they were...

Criminal Law – Quashing of Criminal Proceedings – Cognizance under Section 186 IPC – Magistrate cannot take cognizance for offence under Section 186 IPC except upon a written complaint by the public servant concerned or their administrative superior as mandated by Section 195(1)(a) CrPC – Police report filed by Sub-Inspector in absence of such complaint cannot be treated as...

Criminal Law – Section 94 BNSS – Right to Fair Trial – Electronic Evidence – Application under Section 94 BNSS seeking preservation of mobile tower location and CDR of SHO’s mobile number for specified duration prior to and after alleged contraband recovery – Trial Court rejected application – Held: Accused entitled to summon relevant electronic records ne...

Criminal Law – Murder Trial – Acquittal – Appellants convicted by Trial Court for murder of victim based on eyewitness testimony of victim’s wife and recovery of firearm – Prosecution alleged that appellants came on a black motorcycle and shot the victim in front of his wife – Medical evidence confirmed bullet injuries – High Court found inconsistencies in...

Criminal Trial – Murder – Identification Evidence – Dock Identification After 8½ Years – Invalid TIP – Procedural Irregularities in Video-Conference Testimony – Recovery Not Connected to the Crime – Bloodstains Not Matched – Hostile/Infirm Evidence – Held: Conviction unsustainable; prosecution failed to prove guilt beyond reasonable doub...

BNSS – Quashing of FIR – Compromise – Dacoity Allegation – Absence of Dishonest Intention – All property returned – FIR lodged against unknown persons – High Court erred in sustaining Section 310(2) BNS (dacoity) despite quashing other offences – Held: Allegations do not satisfy ingredients of theft/robbery/dacoity; entire FIR quashed under Article 1...

Criminal Appeal – Acquittal – Interference in Appeal Against Acquittal – Land Dispute – Credibility of Witnesses – Site Plan Contradictions – Improvements & Omissions – Reasonable View of Trial Court Not to be Disturbed – Appeal Dismissed [Paras 12–25].   Appeal Against Acquittal – Parameters for Interference – Suprem...

Criminal Law – Dishonour of Cheque – Appeal Against Acquittal – Complainant filed appeal challenging acquittal of accused under Section 138 of the Negotiable Instruments Act – Accused issued cheque for ₹4,00,000 towards alleged discharge of liability – Trial court convicted accused – Appellate court (Sessions Court) acquitted her – High Court held: Acqui...

Criminal Law – Abetment of Suicide – Conviction Set Aside – Section 306 IPC – Accused convicted for abetment of suicide based on allegations of continuous mental and physical harassment – Dying declaration inconsistent and general in nature – No proximate or specific act of instigation proved – Accused not relatives and not residing with the deceased &ndas...