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 Magistrate Cannot Mechanically Discharge Accused Without Recording Reasons Under Section 239 CrPC: Calcutta High Court Trial Courts Must Strictly Follow Mandate Of Section 43D(5) UAPA To Record Prima Facie Finding Before Granting Bail: Delhi High Court Executive Cannot Impose Additional Eligibility Criteria For Statutory Appointments Beyond What Is Prescribed In Parent Act: Karnataka High Court

"CRIMINAL LAW" Digest

Criminal Law – Quashing of FIR - Gangsters Act – Procedural Non-compliance – FIR Quashed – Sections 2(b)(i), 3 of the Gangsters Act – Petitioners sought quashing of FIR based on gang chart prepared without recording proper satisfaction by competent authorities – Held: The District Magistrate failed to conduct a valid joint meeting and merely approved the proposa...

Preventive Detention – Detention under Goondas Act – Validity – Habeas Corpus Petition Dismissed – The detenue was involved in multiple serious offences including attempt to murder, extortion, sexual offences under POCSO, drug trafficking, and violation of bail conditions – The detaining authority after subjective satisfaction found that the detenue's activities w...

Criminal Breach of Trust – Acquittal – Appeal by Association – The Association alleged that its former Honorary Secretary had embezzled funds, forged documents, and falsified accounts during his tenure – Trial Court acquitted the accused, finding no cogent evidence of embezzlement or forgery – High Court upheld the acquittal, ruling that the prosecution failed to prov...

Criminal Law – Quashing of FIR – Section 22(A) of the NDPS Act - Sections 18(a), 18(b), 18(c), 27(b)(ii), 28, 65(17) of the Drugs and Cosmetics Act – Possession of Codeine-based Syrup – Proceedings Quashed – FIR registered under IPC, Drugs and Cosmetics Act, and NDPS Act alleging illegal possession of codeine-based cough syrup bottles from petitioner’s medical s...

Criminal Law -- Quashing – Section 168 IPC – Public Servant Engaging in Trade – Final Report Quashed – The petitioner, a public servant employed with Andrew Yule & Company Ltd., was charged under Section 168 IPC for allegedly working as a private PF & ESI consultant to various companies including Adyar Ananda Bhavan – Held: The petitioner was governed by certi...

Successive Regular Bail – Sections 8(C), 20(B)(ii)(b), and 29 of the NDPS Act – Successive Bail Application Dismissed – The applicant sought regular bail under Section 483 of BNSS in connection with possession of 9.982 kg of ganja under the NDPS Act – The earlier bail application was withdrawn with liberty reserved for refiling in case of delay in trial – The Court fo...

Criminal Law – Quashing of Bail Cancellation – Section 528 of BNSS - Cancellation of Bail Due to Non-Appearance – Order Set Aside – Petitioner failed to appear before the trial Court on 08.07.2024 due to noting the wrong date – Trial Court cancelled bail, forfeited bail/surety bonds, and issued non-bailable warrants – Held: Non-appearance was neither deliberate ...

Criminal Law – Conviction under Section 354A(i), 354D(1)(i) of IPC and Section 8 of POCSO Act – Acquittal Ordered – The accused was convicted by the Trial Court for holding the victim’s hand and uttering “I love you” – The High Court held that mere holding of hand and expression of love without any overt sexual act, demand for sexual favour, or repeated co...

Criminal Law – Quashing of Complaint - Negotiable Instruments Act – Premature Complaint – Cognizance Not Permissible – Complaint Quashed – The complaint under Section 138 N.I. Act was filed before the expiry of 15 days from the date of service of legal notice – Held: As per the law laid down by the Hon'ble Supreme Court in Yogendra Pratap Singh v. Savitri Pa...

Criminal Law - Bail – Cancellation – Maintainability – Section 483(3) of BNSS – Petition Not Maintainable – The petitioner sought cancellation of bail granted to the accused under Section 4 of the POCSO Act and relevant BNSS provisions – Held: Cancellation of bail primarily lies before the court that granted it – Section 483(3) of BNSS (equivalent to Secti...