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

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...

Criminal Law – Appeal Against Acquittal – CBI filed an appeal against the acquittal of accused Rakesh Kumar and Ravi Shankar by the Special Judicial Magistrate, Patiala – Accused were charged under Sections 120-B, 420, 468, 471 of IPC for involvement in a conspiracy to defraud the State Bank of India – CBI argued that the trial court had misappreciated evidence – High...

Criminal Law – Rape and House Trespass – Sections 376 & 452 IPC – Acquittal Upheld – The respondent was accused of committing rape on the prosecutrix when she was alone at home – The FIR was lodged three days after the alleged incident – The prosecution’s case suffered from significant contradictions, including the testimony of the prosecutrix’s ...

Criminal Law - Criminal Proceedings – Allegations of Theft and Conspiracy – Suppression of Material Facts – Complaint Quashed - The second and third respondents (husband and mother-in-law) filed a private complaint under Section 200 CrPC, alleging theft and conspiracy against the appellants (wife and her family) – Summons were issued for offences under Sections 379 and 120-...

Criminal Law – Repetitive Complaints by Informant – Pattern of False Allegations – CBI Inquiry Ordered - The petitioners sought quashing of an FIR lodged by the informant, Pooja Rawat, under various provisions of the Bharatiya Nyaya Sanhita, 2023, and the Information Technology Act, 2008 – The petitioners argued that the informant had previously filed 11 similar complaints ...

Criminal Law - Quashing of FIR – Delay in Filing of Complaint – Continuous Offense – No Bar on Investigation – The petitioner contended that the complaint was lodged five years after the alleged incidents, rendering it politically motivated – The Court held that the complaint was not limited to events in 2019 but referred to a continuing pattern of conduct up to 2024 ...

Sanction for Prosecution – Validity – Evidence Act – Requirement of proving sanction for prosecution under Prevention of Corruption Act – Non-examination of sanctioning authority – Appellant’s challenge to the sanction order as being issued without considering relevant documents – Court’s satisfaction with sanctioning authority’s application of...

Maintenance – Enhancement Beyond Claimed Amount – Judicial Discretion Permissible - The respondent-wife, aged 63, sought an increase in maintenance due to financial hardship—The Family Court enhanced maintenance from ₹1,500 to ₹10,000 per month despite the wife's claim being ₹7,000—Held: While courts generally cannot award more than claimed, judicial discretion al...

Quashing of FIR – Deliberate and malicious acts intended to outrage religious feelings – Section 299 BNS – FIR Not Quashed – The petitioner, a political spokesperson, was accused of tearing pages of the holy book "Manusmriti" during a live television debate – The petitioner contended that the act was neither intentional nor malicious and relied on precedent ...