Abandoning Arbitration Proceedings Bars Fresh Section 11 Application On Same Cause Of Action: Supreme Court Department Must Lead Evidence, Examine Witnesses To Prove Charges Unless Employee Clearly Admits Guilt: Supreme Court Order IX Rule 13 And Section 96 CPC Have Distinct Scopes; Minor Unrepresented In Original Suit Can Seek Setting Aside Ex-Parte Decree: Supreme Court Minor Heir Cannot Be Expected To Respond To Public Notice Independently: Supreme Court Sets Aside Ex Parte Succession Certificate Supreme Court Restores Acquittal In POCSO Case, Holds DNA Evidence Not Infallible If Blood Sample Collection Is Disputed Bar Under Section 197 CrPC Applies At Stage Of Cognizance; Subsequent Notification Cannot Invalidate Valid Proceedings: Supreme Court State Cannot Apply Harsher Remission Policy Retrospectively To Deny Premature Release: Supreme Court Superficial Bail Orders In Dowry Death Cases Weaken Public Faith In Judiciary: Supreme Court Cancels Husband's Bail Non-Deposit of Balance Amount During Suit Doesn't Prove Lack Of Readiness: Bombay High Court Grants Specific Performance Of 1978 Oral Agreement Teacher Appointed In 'Pass' Graduate Category Entitled To Higher Pay Scale Upon Acquiring Master's Degree During Service: Calcutta High Court Ex-Parte Maintenance Order Under Section 144 BNSS Must Be Challenged Before Family Court First, Direct Revision Not Maintainable: Allahabad High Court Occupant Cannot Be Denied Electricity Merely Because Decree-Holder Demands Disconnection Pending Eviction: Andhra Pradesh High Court Anticipatory Bail In PMLA Cannot Be Granted If Accused Obstructs Probe & Gives False Answers Even If Beneficiary Of Section 45 Proviso: Delhi High Court Tender Condition Disqualifying Bidders For Past Bridge Collapses Does Not Amount To Blacklisting: Gauhati High Court Mere Unauthorized Entry On Government Land Does Not Constitute Criminal Trespass Without Intent To Annoy: Himachal Pradesh High Court Mere Buildings Without Life-Saving Machinery Don't Fulfil Article 21 Mandate: Jharkhand HC Orders State-Wide Functional Burn Wards Within 120 Days Unestablished Claim Of Co-Heirship Does Not Mandate Reference To Civil Court For Apportionment Of NHAI Compensation: J&K High Court Accused Cannot Defer Cross-Examination By Merely Claiming Defence Strategy Will Be Disclosed: Madhya Pradesh High Court Allegations Confined To Negligence, Not Criminal Intent: Punjab & Haryana High Court Grants Anticipatory Bail To Ex-SGPC Secretary In Missing 'Saroops' Case True Owner Cannot Unlawfully Enter Tenanted Premises Under Guise Of Ownership To Commit Offence: Kerala High Court Upholds Landlord's Conviction RTO Officials Cannot Seize Vehicles Without Specific Statutory Authority; Actions Pending Writ Proceeding Highly Improper: Karnataka High Court Supreme Court Flags West Bengal Incidents, Orders Central Forces to Shield Judges on Ground Duty Two-Judge Bench Can Modify Three-Judge Bench Orders: Supreme Court Supreme Court Cancels Bail Of 'Grand Venice' Promoter, Forfeits ₹50 Crore Deposit Over Siphoning Of Funds During IBC Moratorium

"CRIMINAL LAW" Digest

Criminal Law – Culpable Homicide – Alteration of Conviction – Accused convicted under Section 304 Part-I IPC for assault with axe and thenga causing multiple fractures – No eye-witness to occurrence – Prosecution relied on statement of deceased recorded under Section 161 Cr.P.C. treated as dying declaration and testimony of P.W.5 – Medical evidence indicated dea...

Criminal Law – Sections 107, 306, 309, 114 of the IPC - Abetment of Suicide – Suicide Pact – Deceased and accused consumed organophosphate pesticide (Nuvacron) after opposition to their marriage – Deceased died, accused survived – Accused purchased poison and consumed it along with deceased – Held: Participation in suicide pact coupled with procurement of lethal...

Criminal Law – Defamation – Section 199 Cr.P.C. – “Person aggrieved” – Complaint filed by Bharatiya Janata Party represented by State Secretary – Authorization issued by President of State Unit – No material to show authorization by National Party – Held, complaint not instituted by competent person representing alleged aggrieved entity –...

Criminal Law – Circumstantial Evidence – Murder of Minor Child – Conviction based on three circumstances, namely, last seen together, recovery of bone remnants on information supplied by accused and DNA matching with biological parents – Held: Circumstances did not form complete chain leading only to hypothesis of guilt – Benefit of doubt extended – Conviction s...

Criminal Law – Attempt to Murder – Reduction of Sentence – Trial Court convicted accused under Sections 307, 326 and 324 IPC for inflicting four life-threatening stab injuries – Sentence of three years’ rigorous imprisonment imposed – High Court in revision confirmed conviction but reduced sentence to period already undergone (two months) on ground of lapse of 1...

Dacoity – Appreciation of Evidence – Failure to Prove Occurrence Beyond Reasonable Doubt – Trial Court presumed factum of dacoity without proper analysis – Material lapses in investigation including non-seizure of empty cartridges despite alleged firing by both sides, non-recovery of broken lock, and failure to verify alleged possession of Rs.6,000/- – No recovery of ...

Criminal Law – Bail – Interference with Order Granting Bail – Economic Offence – Accused alleged to have cheated complainant of over ₹6.5 crores by use of forged documents and multiple fake identities – High Court granted bail primarily on ground of parity with co-accused, filing of chargesheet and assumption that offences were triable by Magistrate – Held: Im...

Anticipatory Bail – Land Grabbing and Forgery Allegations – Missing Revenue Records – Parity with Co-Accused – Petitioner (Deputy Tahsildar) sought anticipatory bail in Crime No.379/2025 alleging creation of forged documents and missing of land records to aid land grabbers – Co-accused Nos.1, 2, 4, 7, 13 and 15 already granted anticipatory bail – Offences not pu...

Criminal Law – Quashing of FIR and Charge-sheet – Alleged Derogatory Remarks on Assamese Women – Statement in YouTube interview alleging existence of a village in Assam where girls practice black magic and convert men into animals – FIR registered under Sections 196(1), 197(1), 353(2) BNS read with Section 67 IT Act and Section 4 of Assam Witch Hunting Act – Investiga...

Criminal Law – House-Trespass – Section 450 IPC – Appellant convicted for house-trespass allegedly committed with intent to commit rape – Trial Court acquitted appellant of charge under Section 376 IPC on categorical finding that sexual relationship was consensual – Held: When foundational charge of rape fails and no independent evidence establishes intent to commit o...