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 - Abetment of Suicide – Prima Facie Case – FIR Not Quashed - Petitioners sought quashing of FIR under Section 306 read with 34 IPC on ground of false implication and lack of proximate cause – Court held that the deceased had expressed distress and suicidal intent following quarrel with petitioners – Statement of Anil Kumar revealed deceased was under mental tra...

Criminal Law – Dishonour of Cheques – Quashing of Proceedings – Appellant filed complaint under Section 138 of the Negotiable Instruments Act, 1881 against a Partnership Firm and its partners, including Respondent, for dishonour of cheques aggregating ₹6 crores – High Court quashed proceedings against Respondent under Section 482 CrPC on ground that he had retired from pa...

Criminal Law - Sections 7, 13(1)(d) read with 13(2), and Section 20 of the Prevention of Corruption Act, 1988 - Corruption Charges – Demand and Acceptance of Bribe – Proof Required – Acquittal Upheld – Respondent was accused of demanding and receiving ₹1,500 as bribe for submitting a spot inspection report – Trial Court convicted him based on recovery of tainted mon...

Criminal Law - Section 304 Part II IPC – Culpable Homicide - Related Witness – Testimony of Son of Deceased – Conviction Sustained – The court held that the testimony of P.W.1, son of the deceased and eyewitness, was credible and consistent with medical and corroborative evidence – Held: Relatedness alone is no ground to discard trustworthy testimony – Evidence ...

Criminal Law – Appeal Against Conviction - Criminal Negligence – Driving at High Speed – Mere Speed Insufficient to Establish Rashness – Conviction Set Aside – Petitioner convicted under Sections 279/304A IPC for allegedly driving at high speed and causing death of two pedestrians – No eyewitness deposed that driving was rash or negligent – All witnesses o...

NDPS Act – Bail – Prolonged Incarceration – Bail Granted - Petitioner in judicial custody since 23.12.2020 with only two of ten witnesses examined over four and a half years – Held: Inordinate delay in trial infringes the fundamental right to speedy trial under Article 21 – Court relied on Union of India v. K.A. Najeeb and Jitendra Jain v. Union of India to hold that ...

Look-Out Circular – Permission to Travel Abroad – Alleged Corporate Default – Conditional Relief Granted - Petitioner sought permission to travel to U.A.E. from 07.06.2025 to 27.06.2025 for business purposes – LOC was issued at the instance of Respondent No.4 bank citing massive outstanding dues and failed repayment plan under IBC – Respondent bank opposed on grounds ...

Bail in POCSO Case – Section 6 of the POCSO - Section 376AB of the IPC - Allegation of Rape by Father – Bail Denied – The petitioner was charged with sexually assaulting his minor daughter, aged 11 years, under Sections 376AB IPC and Section 6 of the POCSO Act – DNA evidence from the mattress matched both the victim and the petitioner – Held: Prima facie, involvement ...

Criminal Jurisdiction – Maintainability of Writ Appeal – Quashing of FIR – Appeal Dismissed – Petitioners sought to quash FIR and chargesheet under Sections 498A, 406, 354C IPC filed by Haryana Police – Learned Single Judge dismissed the writ petition under Article 226 r/w Section 482 CrPC – Division Bench held that appeal under Section 4 of Karnataka High Court...

Protection of Life and Liberty – Criminal Writ Petition under Article 226/227 – Petitioners, in a “Live in Relationship,” seek protection – Petitioner No. 1 of marriageable age, Petitioner No. 2 not yet 21 – Representation made to Senior Superintendent of Police for protection – Respondent No. 2 directed to assess threat perception and take appropriate act...