Readiness and Willingness Under Section 16(c) Is Not a Ritualistic Phrase — Plaintiff Must Prove It With Substance, Not Just Words: Karnataka High Court FIR in Disproportionate Assets Case Quashed: Patna High Court Slams SP for 'Non-Application of Mind' and 'Absence of Credible Source Information' Ownership of Vehicle Linked to Commercial Quantity of Heroin – Custodial Interrogation Necessary: Punjab & Haryana High Court Denies Anticipatory Bail under Section 482 BNSS Death Caused by Rash Driving Is Not a Private Dispute — No FIR Quashing on Basis of Compromise in Section 106 BNS Cases: Punjab & Haryana High Court No Bank Can Override Court Orders: Rajasthan High Court Slams Axis Bank for Unauthorized Withdrawal from Court-Ordered FD" 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 Calling Wife by Her Caste Name in Public Just Before Suicide is Immediate Cause of Self-Immolation: Madras High Court Upholds Husband’s Conviction Under Section 306 IPC Sole Testimony of Prosecutrix, If Credible, Is Enough to Convict: Delhi High Court Upholds Rape Conviction Cheque Issued as Security Still Attracts Section 138 NI Act If Liability Exists on Date of Presentation: Himachal Pradesh High Court No Work No Pay Is Not a Universal Rule: Punjab & Haryana High Court Dock Identification Without Prior TIP Is Absolutely Useless: P&H High Court Upholds Acquittal in Attempt to Murder Case Filing Forged Court Pleadings in Union Government’s Name is Criminal Contempt: Karnataka High Court Sentences Litigant to Jail Execution of Will Proved, But Probate Justly Denied Due to Concealment of Property Sale: Delhi High Court Mere Designation Doesn’t Establish Criminal Liability: Bombay High Court Quashes Proceedings Against ICICI Officials in Octroi Evasion Case Fraud on Power Voids the Order: Supreme Court Quashes FIR Against Karnataka BJP Leader R. Ashoka, Slams Politically Motivated Prosecution Cause of Fire Is Immaterial If Fire Itself Is Insured Peril: Supreme Court Rebukes Insurer’s Repudiation Dragging a Trained Army Officer Up 20 Steps Without Resistance? The Story Lacks Credence: Supreme Court Upholds Acquittal in Army Officer’s Murder Semen Stains Alone Do Not Prove Rape: Supreme Court Acquits Doctor Accused of Rape No Mortgage, No SARFAESI: Supreme Court Rules Against NEDFi, Says Recovery Action in Nagaland Without Security Agreement Was Illegal Parity Cannot Be Denied by Geography: Supreme Court Holds Jharkhand Bound by Patna HC's Judgment, Orders Pay Revision for Industries Officer Once Power Flows Continuously from a Synchronized Turbine, It Is No Longer Infirm: Supreme Court Orders TANGEDCO to Pay Fixed Charges to Penna Electricity

"CRIMINAL LAW" Digest

Conviction for Murder – Benefit of Doubt Extended – Appellant was convicted for murdering the deceased and attempting to murder PW-13 – Court found discrepancies in the prosecution's evidence, including contradictory testimonies of PW-2 and PW-13 and suppression of the dying declaration – Held: Benefit of doubt granted; conviction set aside [Paras 20-25]. Eyewitness ...

House-Trespass – Section 451 IPC – Conviction Sustained - The appellant was convicted for committing house-trespass with intent to commit an offence punishable with imprisonment. Based on the testimonies of PWs 4 and 5, the concurrent findings of guilt were upheld. The Court observed that the appellant's intent to commit an offence punishable under Section 354 IPC justified the con...

Criminal Procedure – Section 133 Cr.P.C. – Dismissal of Petition for Non-Prosecution – Revision Petition against dismissal of a petition to prevent obstruction of a road – Petitioner claimed the date of hearing was mistakenly noted as 22.09.2023 instead of 22.08.2023 – Court held that the plea of a mistaken date is inherently improbable and unsupported by evidence &nd...

Bail in Money Laundering Cases – Section 45 of PMLA – Twin Conditions Evaluated - The Court considered whether the petitioner satisfied the conditions under Section 45 of PMLA for bail, including whether there are reasonable grounds to believe the petitioner is not guilty and is unlikely to commit an offence if released. The petitioner was not arraigned as an accused in the predicate o...

SC/ST Act – Prima Facie Case – Sections 3(1)(x)(xi) – Charges Dropped – Allegations under the SC/ST Act regarding caste-based abuse and intimidation not substantiated – Trial court rightly found that the complaints were contradictory and did not establish public view or deliberate caste-based insult – Charges dropped under the SC/ST Act due to lack of prima faci...

Matrimonial Offences – Quashment of FIR – Section 482 of CrPC – Allegations Omnibus in Nature – FIR Quashed - The appellant accused No.5, wife of accused No.6, challenged the High Court's refusal to quash the FIR despite quashing it for accused No.6 – The Supreme Court observed that allegations against accused No.5 were vague and unsupported by specific evidence, ...

Criminal Law - Double Jeopardy – Second Prosecution for Same Offence Barred – FIR Quashed – Applicant challenged FIR registered under Sections 285, 287, 337, and 338 IPC, arguing he was already convicted under Section 92 of the Factories Act for the same incident – Court held: Prosecution under the IPC constitutes double jeopardy, violating Article 20(2) of the Constitution...

Interim Bail – Medical Grounds – PMLA Investigation – Held: Applicant granted interim bail from 25/11/2024 to 15/12/2024 to care for his father-in-law undergoing surgery – Bail granted considering specific medical circumstances, notwithstanding the nature of allegations under PMLA – Applicant directed to comply with strict conditions to ensure non-interference with th...

Bail – Relevance of antecedents – Applicability of "bail is the rule, jail is the exception" principle – Bail Granted - The petitioner, accused of serious offences under the Bharatiya Nyaya Sanhita, 2023, argued that the case was fabricated due to marital discord and emphasized his prolonged judicial custody of 40 days and completed investigation. The Court held that an...

Criminal Law – Education Rights of Prisoners – Petitioner, an accused in a criminal case involving serious charges under the Indian Penal Code and Unlawful Activities Prevention Act, seeks direction to grant admission to the LL.B. course in Siddharth College of Law – Petitioner appeared for the Maharashtra CET law examination under permission from the Special Court, passed the ex...