Suit For Declaration Involves All Co-Owners; Limitation Plea Cannot Be Decided At Interlocutory Stage Of Impleadment: Telangana High Court Mere Proof Of Proper Dispatch Sufficient: Bombay High Court Says Trade Marks Registrar Need Not Prove Actual Delivery Of Renewal Notice Casteist Remarks Inside Private Office Without Independent Witnesses Do Not Attract SC/ST Act: Delhi High Court Private Property Transfer Not Void Under Section 64 CPC If Made Before 'Effective' Execution Of Attachment Warrant: Karnataka High Court Statement Under Section 164 CrPC Is Not Substantive Evidence, Cannot Be Sole Basis For Conviction When Victim Turns Hostile: Madras High Court Murder Simpliciter Is Not A Motor Accident; Claim Under Motor Vehicles Act Requires Causal Link Between Death And Vehicle: Supreme Court Mere Involvement Of Car In Chain Of Circumstances Leading To Death Doesn't Attract Motor Vehicles Act: Supreme Court Proclaimed Absconder Cannot Seek Quashing Of Criminal Proceedings Under Section 528 BNSS: Allahabad High Court

"CRIMINAL LAW" Digest

Criminal Law – Appeal Against Quashing - Criminal Conspiracy and Cheating – Prima Facie Offence Established – Quashing of Criminal Proceedings Set Aside – Appellant, a daughter deprived of share in ancestral property, alleged fraudulent exclusion from compensation awarded on land acquisition – High Court quashed criminal proceedings based on Sub-Registrar’s stat...

Criminal Law - Quashing of Criminal Proceedings – Sections 498A, 406, 323, 34 IPC – Divorce Proceedings Pending – Allegations Found Baseless – Criminal proceeding initiated by wife alleged to be retaliatory to the matrimonial suit filed by husband – FIR contains vague and evasive allegations without specific details regarding acts of cruelty or physical harm – N...

Matrimonial Law - Domestic Violence – Requirement of Domestic Relationship – DV Act – Petition Dismissed - Petitioner challenged concurrent orders of Trial and Appellate Courts which held that no domestic relationship existed between her and Respondent Nos. 3 to 6 since 2013 – Held: The petitioner was residing in a separate household since 2013 and no present or continuing ...

Regular Bail – Police Officer Accused Under Prevention of Corruption Act – Bail Granted – The petitioner, a police official, was arrested in connection with an FIR registered under Section 7 of the PC Act and Section 75 of the BNS – Investigation was completed and challan filed – Petitioner remained in custody for approximately 3 months – No prosecution witness ...

Quashing of Charges – Discharge of Private Vendor – Sections 120-B, 420, 471 IPC and Section 13(2) r/w 13(1)(d) of PC Act – Discharge Allowed – Applicants sought quashing of orders rejecting discharge and framing charges alleging criminal conspiracy and wrongful gain in award of HMIS project under NRHM – Court held that applicants, being private vendors, completed the...

Criminal Law - Murder – Section 302, 304 Part II, 394, 452, 120B, 397 of the IPC - Conviction Altered – Presumption under Section 114(a) Evidence Act – Recovery of Stolen Gold Ornaments – Held: Circumstantial evidence proved that accused 1 robbed the deceased’s gold ornaments and caused her death while committing robbery – However, absence of intent to kill or c...

Criminal Law – Quashing of FIR - Public Servant – Engagement in Private Consultancy – No Legal Prohibition – Prosecution Quashed – The petitioner, employed with a government enterprise, was charged under Section 168 IPC for allegedly working as a private consultant for PF & ESI matters – The Court held that Standing Orders applicable to the petitioner do not...

Criminal Law - Regular Bail – Prolonged Incarceration – Hostile Witnesses – Bail Granted – The appellant sought regular bail in FIR under Sections 302, 201, 120-B IPC and Section 3 of the SC/ST Act – All key prosecution witnesses including the complainant, eyewitness, and last seen witnesses had turned hostile – The appellant had undergone 2 years, 8 months and ...

Criminal Law – Quashing of FIR -  Medical Negligence – Criminal Liability – Applicability of Bolam Test – FIR Quashed – The petitioners, associated with Vasundhara Hospital, faced criminal proceedings under Section 105 BNS arising from allegations of medical negligence following the death of a patient post fibroid surgery – The State and District Medical Ex...

Criminal Law – Quashing - Abetment of Suicide – Prima Facie Offence – Section 306 IPC – Quashing Rejected – The petitioner and deceased were in a three-year live-in relationship involving financial transactions – Allegations include blackmail using intimate photographs and coercion for money amounting to ₹51 lakhs – Deceased died by suicide after a fight...