Section 138 NI Act | Cheque Bounce Complaint Cannot Be Dismissed At Threshold Merely For Non-Production Of Postal Track Report: Madhya Pradesh High Court Departmental Dismissal Based On Identical Evidence Discarded By Criminal Court Amounts To 'No Evidence': Orissa High Court Kerala Lok Ayukta Amendment Upheld: High Court Rules Lok Ayukta Is Not A Court, Its Declaration Can Be Changed To Recommendation Subsidized Industrial Plots Are Meant To Generate Employment, Allottees Must Strictly Adhere To Timebound Project Schedules: Supreme Court Allottees Cannot Keep Subsidised Land Unutilised: Supreme Court Upholds Cancellation Of Piaggio's UP Industrial Plot CAG Audit Cannot Substitute Criminal Investigation To Trace Money Trails: Supreme Court Supreme Court Directs CBI To Probe Arunachal Pradesh Public Contracts, Says Constitutional Violation Not Diluted By Statistics Common Intention Under Section 34 IPC Cannot Be Presumed Merely Because Multiple Accused Participated In A Sudden Fight: Supreme Court Mere Use Of Abusive Word 'Bastard' Does Not Amount To Obscenity Under Section 294(b) IPC: Supreme Court Independent Medical Board's Opinion Crucial To Prevent Harassment Of Doctors In Consent Disputes: Supreme Court Quashes Criminal Case High Court Can Examine Questions Of Fact Under Section 482 CrPC To Prevent Abuse Of Process: Supreme Court Quashes Criminal Case Against Surgeon 'Every Link Must Be Conclusively Established': Supreme Court Acquits Constable In Murder Case, Reiterates Strict Standard For Circumstantial Evidence Murder Conviction Cannot Rest Solely On Voice Identification In Darkness: Supreme Court Acquits Police Constable After 12 Years CCTV Footage Belies Assault Claims: Supreme Court Quashes Criminal Case Against Neighbours Karta Cannot Gift Entire Joint Family Property To One Coparcener Without Consent; Settlement Void Ab Initio: Madras High Court Fresh Application For Return Of Plaint Barred By Res Judicata Despite Favourable Supreme Court Ruling On Jurisdiction: Bombay High Court Registration Of Adoption Deed Not Mandatory For Compassionate Appointment Under Hindu Adoptions Act: Madhya Pradesh High Court Insurance Company Cannot Claim Contributory Negligence Without Examining Driver Or Challenging Charge Sheet: AP High Court Accused In Child Pornography Cases Cannot Be Discharged Merely Because Age Of Unidentified Victims Cannot Be Conclusively Proved: Delhi High Court Kerala High Court Denies Relief To Petitioner Suppressing Facts, Orders Enquiry Into Allotment Of Govt Scheme Houses On Puramboke Land Candidate Missing Physical Test For Minor Illness Has No Enforceable Right To Rescheduling: Supreme Court Prolonged Incarceration And Parity Constitute Valid Grounds For Regular Bail: Supreme Court Accused In Cheque Bounce Cases Cannot File Evidence-In-Chief By Affidavit Under Section 145 NI Act: Orissa High Court 138 NI Act | Signing Board Resolution Doesn't Make Director Liable For Cheque Bounce: Supreme Court Written Reply To Show Cause Notice Sufficient, No Right To Personal Hearing For Borrowers Before Fraud Classification: Supreme Court Upholds RBI Master Directions Borrowers Have No Right To Personal Hearing Before Fraud Classification, But Full Forensic Audit Report Must Be Supplied: Supreme Court Pendency Of Matrimonial Dispute With General Allegations Not A Valid Ground To Deny Public Employment: Allahabad High Court Minimum Five Persons Mandatory To Prove 'Preparation For Dacoity' Under Section 399 IPC: Gujarat High Court Suit For Specific Performance Not Maintainable Without Prayer To Set Aside Termination Of Agreement: Madras High Court Trial Court Must Indicate Material Forming Basis Of Charge, Mechanical Framing Of Charges Impermissible: Madhya Pradesh High Court Gated Community Association Cannot Exclude LIG/EWS Allottees, Single Unified Society Mandatory: Telangana High Court

"CRIMINAL LAW" Digest

Bail Application – Unlawful Activities (Prevention) Act, 1967 – Prima Facie Case Against Accused – Rejection Upheld – The appellants, accused of recruiting individuals for a proscribed organization, filed for bail under UAPA – The trial court rejected their applications, citing the bar under Section 43-D(5) UAPA – Held: The prosecution presented credible materia...

Criminal Law – Transfer of Criminal Cases – Negotiable Instruments Act – Territorial Jurisdiction for Cheque Dishonour Cases – Complaint Validly Filed in Chandigarh - The petitioner contended that no cause of action arose in Chandigarh and that the complaint should have been filed in Coimbatore—Court held that under Section 142(2)(a) of the NI Act, the jurisdiction to...

Criminal Law - Extradition Proceedings in Matrimonial Dispute – Non-appearance in Quasi-Criminal Proceedings – Section 26 of the Domestic Violence Act – Extradition Order Set Aside – The appellant’s passport was impounded due to multiple cases filed by the respondent – The Trial Court ordered the initiation of extradition proceedings against him due to his failu...

Maintenance under Section 125 CrPC – Second Wife’s Entitlement – Relief Granted – The appellant-wife was denied maintenance by the High Court on the ground that her first marriage was not legally dissolved, rendering her second marriage void – The Supreme Court held that maintenance laws must be interpreted with a focus on social justice and preventing destitution &nd...

Criminal Law - Appeals against the conviction - Sections 498-A and 306 IPC  -Cruelty and Harassment – Demand for Dowry – No Specific Evidence – Acquittal – The prosecution alleged that the deceased was harassed and beaten by her husband and mother-in-law for bringing insufficient dowry – Witnesses made general and vague allegations without specific instances of c...

Murder – Common Intention – Section 149 IPC – Conviction Upheld – The appellants were part of an unlawful assembly armed with deadly weapons—The deceased was attacked with swords, gandasis, and datars, sustaining fatal injuries—The High Court held that the attack was premeditated and all accused shared a common intention—Held: Conviction of Ajit Singh, Bal...

Criminal Writ - Preventive Detention – Detention of Person Already in Custody – Validity of Detention Order – Petitioner challenged the preventive detention order under the PITNDPS Act, arguing that he was already in judicial custody and there was no compelling necessity for preventive detention – The Court held that detention orders can be issued even for persons in custod...

Criminal Law – Protection of Public Servants – Sanction under Section 197 CrPC – Proceedings Partially Quashed - Petitioners were police officers accused of misconduct during their official duty at a public event – A private complaint was filed against them after they registered an FIR against the complainant’s husband – Trial court took cognizance of multiple o...

Dishonour of Cheque – Scope of Section 138 of the Negotiable Instruments Act – Conviction Upheld – Sentence Remanded – The petitioner issued a cheque for Rs. 19,00,000 in favour of the respondent, which was dishonoured with the remark "Account Closed" – Legal notice was served, but payment was not made – The Trial Court convicted the petitioner under S...

Criminal Law - Murder Trial – Appeal against conviction under Section 302 IPC - Circumstantial Evidence – Guilt Not Proved Beyond Reasonable Doubt – Acquittal Ordered – The appellant was convicted for the murder of his wife based on a dying declaration recorded by the Magistrate – The prosecution alleged that the appellant poured kerosene oil on the deceased and set h...