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 – Appellants, members of a political party, sought quashing of FIR registered under Section 3(1) of the UP Gangsters & Anti-Social Activities (Prevention) Act, 1986 – FIR dated 30th April, 2023, based on a prior incident dated 10th October, 2022, wherein appellants were already booked under IPC Sections 147, 148, 149, 427, 307, 323, 504, 506 and...

Criminal Law - Bail – Section 132(1)(a), 132(1)(i) and 132(5) of the Central Goods and Services Tax Act (CGST) - Onerous Conditions – Monetary Deposit – Bail Orders Set Aside – The petitioner was granted bail by the High Court upon voluntarily offering to deposit Rs.2.5 crores, despite opposing arguments by the prosecution – Later, the petitioner challenged the moneta...

Bail – Interim Bail – Mother with Minor Children – Interim Bail Granted – The petitioner sought interim bail for 90 days citing the need to care for her two minor children, including a newborn delivered in jail – Held: Considering that the applicant has been in judicial custody since 12/12/2024, the investigation is complete, the chargesheet has been filed, the co-acc...

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...

Criminal Law - Prevention of Corruption Act – Suspension of Sentence vs. Stay of Conviction – No Interference – The petitioner, a public servant convicted under Sections 7/12 and 13(1)(d)/13(2) of the PC Act, sought stay of conviction during the pendency of the appeal – The High Court suspended the sentence but declined to stay the conviction – Held: There is no infir...

Bail – Cheating and Forgery Allegations – Regular Bail Granted – Applicants alleged to have induced complainants to lend and pay over ₹2.55 crores under false pretenses of loan repayment and property sale while properties were mortgaged – Allegations include forgery of title deeds and No Objection Certificates (NOCs) – FSL report confirmed NOC signatures were not ge...

Criminal Law - Rape and Unnatural Offence – Acquittal Challenged – Sections 376(2)(f) and 377 IPC – Acquittal Upheld – The appellant, mother of the victim, challenged the trial court's acquittal of the accused, her husband, on allegations of sexual assault of their minor daughter – Prosecution primarily relied on the testimony of the mother (PW.4) and the victim (...

Criminal Writ – Sect. 396 of the BNSS - Custodial Death – Judicial Inquiry – Already Conducted – Request Declined – The petition sought a judicial inquiry into the custodial death of the petitioner’s son, who died following a gang fight inside Tihar Jail – Held: An inquest was conducted by the Metropolitan Magistrate, and FIRs were registered – Trial...

Anticipatory Bail – Alleged Caste-Based Assault – Sections 3(1)(s), 3(2)(va) of the SC & ST Act - Prima Facie Offence Under SC/ST Act Not Attracted – Appeal Allowed – Appellant accused of attacking de facto complainant and using caste-based slur – Held: Allegations serious, but no prior criminal record – Prima facie ingredients of SC/ST Act offences not clea...

Criminal Law - Section 8(c) read with 20(b)(ii)(C), 28, and 29 of the NDPS Act – Illegal Possession and Conscious Custody – Conviction Confirmed – Accused intercepted while transporting 150 kg of ganja—Search and seizure compliant with Section 50 NDPS Act—Evidence of P.W.1 and independent witness P.W.3 held credible—Contraband properly seized, sealed, and produc...