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

"CRIMINAL LAW" Digest

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...

Criminal Law – Quashing - Second Complaint After Acceptance of Final Report – Not Maintainable in Absence of Special Circumstances – Summoning Order Set Aside - The first FIR filed by the complainant in 2005 led to a final report being accepted in 2012 – A fresh complaint was filed in 2017 on identical facts, leading to the summoning of the accused under Section 406 IPC &nd...

Criminal Law - Quashing of FIR – Misuse of Official Position – Allegations against the appellant, a retired IAS officer and former District Collector, for wrongful restoration of government land to private allottees – FIR registered under Sections 409, 219, and 114 IPC – Appellant sought quashing under Section 482 CrPC on grounds of official duty and lack of criminal intent...

Negotiable Instruments Act – Dishonor of Cheque – Appeal against Acquittal – Right of Complainant to Appeal – Section 138 and Section 142 of the N.I. Act – Section 378(4) and Section 372 of Cr.P.C. – Revision Allowed – The appellate court dismissed the complainant’s appeal against acquittal as not maintainable, holding that a complainant under Sectio...

Criminal Law – Molestation and Assault – Petitioner, a practicing Ayurvedic doctor, was allegedly molested and assaulted by the accused, Joseph Chacko, within her clinic. The complaint was registered under Sections 354, 294(b), and 323 of the IPC, and Section 4(1)(i) of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Prope...

Divorce on Grounds of Cruelty – Denial of Education – Section 13(1)(ia) of the Hindu Marriage Act – Wife alleged that she was subjected to mental and physical cruelty, including coercion to discontinue her education and demand for dowry – Husband denied allegations and contended that he supported her studies – Trial court ruled in favor of husband, holding that cruelt...

Criminal Law - Quashing of Criminal Proceedings – Section 482 CrPC – Power of the Court – Petitioners sought quashing of the criminal case against them, arguing that the FIR was lodged with malicious intent due to a long-standing enmity – Supreme Court precedent holds that quashing under Section 482 CrPC is permissible only in cases of manifest abuse of process – Cour...

Criminal Law - Default Bail – Stringent Conditions – Violation of Fundamental Rights – Petitioner was granted default bail under Section 167(2) CrPC due to the prosecution’s failure to file a charge sheet within 60 days – However, bail conditions included an excessive surety bond of ₹1.10 crore and a bank guarantee of ₹55 lakh – Petitioner challenged these c...