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

NDPS Act – Conscious Possession – Commercial Quantity – Bail Denied – Petitioner found present in vehicle from which 3.575 kg of charas was recovered – Court held that physical presence in a private vehicle carrying commercial quantity of narcotic substance raises presumption of conscious possession under Sections 35 and 54 of NDPS Act – No explanation from peti...

Criminal Law  – Suo Motu Revision – Conviction Beyond Trial Court Charges – High Court, during appeal by accused challenging conviction under Sections 354 and 448 IPC, exercised suo motu revision and convicted him under Section 306 IPC – No appeal or revision had been filed by State or victim – Held: High Court exceeded its jurisdiction – Revisional power u...

Criminal Law – Quashing - Unnatural Sex by Husband – Consent and Marital Status – Proceedings Upheld – Applicant sought quashing of charges under Section 377 IPC asserting exemption based on marital relationship – Held: Unnatural intercourse by husband without wife's consent, even if she is above 18, is punishable under Section 377 IPC – Marriage does not ne...

Criminal Law – Corruption and Forgery – Conviction and Sentence – Appellants convicted under Sections 420, 468, 471 and 120B IPC read with Section 5(2) and 5(1)(d) of the Prevention of Corruption Act, 1947 – Allegation of fraud involving fake consignment notes and transport receipts issued on behalf of a defunct transport firm causing loss of ₹13.29 lakhs to SBI – T...

Criminal Law – Quashing  – Sanction for Prosecution – Non-Application of Mind – Sanction Order Quashed – Applicants, Axis Bank officials, were prosecuted based on a sanction order issued by a corporate executive without proper application of mind – Sanction extended to IPC offences not sought or within authority’s purview – Held: Sanction vitiat...

Criminal Law - Quashing of FIR – Procurement Irregularities – Comparative Statement Tampering – Petition Dismissed - Petitioner filed petition under Section 482 CrPC to quash FIR alleging criminal conspiracy and fraud in supply of sanitizers during COVID-19 pandemic – Allegations include manipulated comparative statements, inflated pricing, and favoured selection of supplie...

NDPS Act – Joinder of Charges – Section 218 Cr.P.C. Violated – Discharge Granted – Applicant was charged under Sections 8(c), 22(b), 27A and 29 of the NDPS Act based on alleged procurement of 44 grams of mephedrone in small quantities over 18 months – Held: Charges for distinct acts of procurement spread over more than a year could not be tried jointly in the absence ...

Criminal Law - Sections 279, 337, 338, and 304A of the Indian Penal Code (IPC) - Motor Accident – School Bus Incident – Alleged Rash and Negligent Driving – Conviction Set Aside – Accused allegedly drove school bus rashly on 05.10.2010, causing death of one child and injuries to others—Trial Court convicted under Sections 279, 337, 338, 304A IPC, and Sessions Court af...

Criminal Law – Matrimonial Cruelty and Misappropriation – Quashment of Proceedings – Petitioners accused under Sections 498A and 406 r/w Section 34 IPC for allegedly subjecting the de facto complainant (wife of accused No.1) to mental cruelty and misappropriating 63 sovereigns of gold ornaments – Allegations include making derogatory remarks about complainant's appearan...

Criminal Law  – Prevention of Corruption Act – Sections 7, 13(1)(d), 13(2) – Demand Not Proved – Acquittal Upheld – The complainant alleged that the accused, a public servant, demanded ₹1,000 to facilitate processing of a government loan – Trap arranged and accused allegedly caught with the bribe amount – Trial Court acquitted the accused on ground ...