Readiness and Willingness Under Section 16(c) Is Not a Ritualistic Phrase — Plaintiff Must Prove It With Substance, Not Just Words: Karnataka High Court FIR in Disproportionate Assets Case Quashed: Patna High Court Slams SP for 'Non-Application of Mind' and 'Absence of Credible Source Information' Ownership of Vehicle Linked to Commercial Quantity of Heroin – Custodial Interrogation Necessary: Punjab & Haryana High Court Denies Anticipatory Bail under Section 482 BNSS Death Caused by Rash Driving Is Not a Private Dispute — No FIR Quashing on Basis of Compromise in Section 106 BNS Cases: Punjab & Haryana High Court No Bank Can Override Court Orders: Rajasthan High Court Slams Axis Bank for Unauthorized Withdrawal from Court-Ordered FD" No Work No Pay Is Not a Universal Rule: Punjab & Haryana High Court Dock Identification Without Prior TIP Is Absolutely Useless: P&H High Court Upholds Acquittal in Attempt to Murder Case Filing Forged Court Pleadings in Union Government’s Name is Criminal Contempt: Karnataka High Court Sentences Litigant to Jail Execution of Will Proved, But Probate Justly Denied Due to Concealment of Property Sale: Delhi High Court Mere Designation Doesn’t Establish Criminal Liability: Bombay High Court Quashes Proceedings Against ICICI Officials in Octroi Evasion Case Fraud on Power Voids the Order: Supreme Court Quashes FIR Against Karnataka BJP Leader R. Ashoka, Slams Politically Motivated Prosecution Cause of Fire Is Immaterial If Fire Itself Is Insured Peril: Supreme Court Rebukes Insurer’s Repudiation Dragging a Trained Army Officer Up 20 Steps Without Resistance? The Story Lacks Credence: Supreme Court Upholds Acquittal in Army Officer’s Murder Semen Stains Alone Do Not Prove Rape: Supreme Court Acquits Doctor Accused of Rape No Mortgage, No SARFAESI: Supreme Court Rules Against NEDFi, Says Recovery Action in Nagaland Without Security Agreement Was Illegal

"CRIMINAL LAW" Digest

Criminal Contempt – Allegations Against Judicial Officers and Abuse of Court Process – Repeated Complaints – Criminal Contempt Established - Sanjeev Kumar, acting as contemnor, filed multiple complaints against judicial officers and court personnel, accompanied by defamatory and unsubstantiated accusations – In hearings and written submissions, the contemnor displayed conti...

Income Tax – Notice under Section 148 – Requirement for Effective Opportunity of Hearing – Section 148A of the Income Tax Act – Adequate Opportunity Not Provided - The petitioner challenged the issuance of a reassessment notice under Section 148 of the Income Tax Act, alleging that he was not given sufficient time to respond to the show-cause notice under Section 148A(b) &n...

Criminal Law – Acquittal – Appeal against Armed Forces Tribunal’s order setting aside conviction – Respondent, an Air Force officer, charged under Section 302 IPC read with Section 149, and alternatively under Sections 325, 342 IPC, along with charges under Sections 45, 65, and 71 of the Air Force Act, 1950 (AFA) – General Court Martial (GCM) initially convicted the r...

Criminal Law - Sanction for Prosecution of Public Servants – Applicability of Section 197 CrPC under PMLA Proceedings – Overriding Effect of PMLA Provisions – The Enforcement Directorate challenged the High Court’s judgment, which quashed the cognizance order of the Special Court against respondents without obtaining prior sanction – Held: Section 197(1) CrPC applies ...

Criminal Law - Prisoner Rights – Alleged Torture and Solitary Confinement – Abuse of Power – The petitioner, the mother of convict prisoner Sivakumar, alleged assault, solitary confinement, and denial of medical treatment to her son by prison authorities based on false accusations – Held: The Court directed the CBCID to investigate and the Government to initiate disciplinar...

Juvenile Justice – Bail for Child in Conflict with Law (CICL) – Presumption of Release – The petitioner, a juvenile, sought bail after denial by both the Juvenile Justice Board (JJB) and the appellate court, despite the Juvenile Justice Act’s reformative stance – The High Court reiterated that, under Section 12 of the J.J. Act, 2015, bail is the rule and refusal an ex...

Criminal Law - Section 307 IPC – Acquittal Set aside - Requirement of Grievous Injury – Not Essential – The trial court's view that grievous injury is an essential requirement for conviction under Section 307 IPC is incorrect – Held: To convict under Section 307 IPC, it is not necessary that the injury should be capable of causing death. The intent or knowledge with whi...

Speedy Trial – Right under Article 21 of the Constitution – Inordinate delays in FSL report preparation impacting criminal trials, especially under the NDPS Act – Court constituted Committees for systemic reform – Recognizing the constitutional right to a speedy trial, this Court took suo moto cognizance of delays in the preparation and filing of Forensic Science Laboratory...

NDPS Act – Compliance with Section 52A(2) – Bail Application – Appellant convicted for possession of 610 gms of smack under Section 8(C) read with 21(c) of the NDPS Act. Bail application based on alleged non-compliance with mandatory procedures under Section 52A(2) of the Act, which requires the presence of a Magistrate during the sampling and certification of seized contraband &...

Second Complaint – Maintainability – Code of Criminal Procedure, 1973 – Appeal Allowed – The issue involved whether the second complaint, filed with the same allegations as a previously dismissed complaint following acceptance of a final police report, was maintainable. Held: A second complaint on identical facts is generally not maintainable when the first was disposed of ...