Section 138 NI Act | Cheque Bounce Complaint Cannot Be Dismissed At Threshold Merely For Non-Production Of Postal Track Report: Madhya Pradesh High Court Departmental Dismissal Based On Identical Evidence Discarded By Criminal Court Amounts To 'No Evidence': Orissa High Court Kerala Lok Ayukta Amendment Upheld: High Court Rules Lok Ayukta Is Not A Court, Its Declaration Can Be Changed To Recommendation Subsidized Industrial Plots Are Meant To Generate Employment, Allottees Must Strictly Adhere To Timebound Project Schedules: Supreme Court Allottees Cannot Keep Subsidised Land Unutilised: Supreme Court Upholds Cancellation Of Piaggio's UP Industrial Plot CAG Audit Cannot Substitute Criminal Investigation To Trace Money Trails: Supreme Court Supreme Court Directs CBI To Probe Arunachal Pradesh Public Contracts, Says Constitutional Violation Not Diluted By Statistics Common Intention Under Section 34 IPC Cannot Be Presumed Merely Because Multiple Accused Participated In A Sudden Fight: Supreme Court Mere Use Of Abusive Word 'Bastard' Does Not Amount To Obscenity Under Section 294(b) IPC: Supreme Court Independent Medical Board's Opinion Crucial To Prevent Harassment Of Doctors In Consent Disputes: Supreme Court Quashes Criminal Case High Court Can Examine Questions Of Fact Under Section 482 CrPC To Prevent Abuse Of Process: Supreme Court Quashes Criminal Case Against Surgeon 'Every Link Must Be Conclusively Established': Supreme Court Acquits Constable In Murder Case, Reiterates Strict Standard For Circumstantial Evidence Murder Conviction Cannot Rest Solely On Voice Identification In Darkness: Supreme Court Acquits Police Constable After 12 Years CCTV Footage Belies Assault Claims: Supreme Court Quashes Criminal Case Against Neighbours Karta Cannot Gift Entire Joint Family Property To One Coparcener Without Consent; Settlement Void Ab Initio: Madras High Court Fresh Application For Return Of Plaint Barred By Res Judicata Despite Favourable Supreme Court Ruling On Jurisdiction: Bombay High Court Registration Of Adoption Deed Not Mandatory For Compassionate Appointment Under Hindu Adoptions Act: Madhya Pradesh High Court Insurance Company Cannot Claim Contributory Negligence Without Examining Driver Or Challenging Charge Sheet: AP High Court Accused In Child Pornography Cases Cannot Be Discharged Merely Because Age Of Unidentified Victims Cannot Be Conclusively Proved: Delhi High Court Kerala High Court Denies Relief To Petitioner Suppressing Facts, Orders Enquiry Into Allotment Of Govt Scheme Houses On Puramboke Land Candidate Missing Physical Test For Minor Illness Has No Enforceable Right To Rescheduling: Supreme Court Prolonged Incarceration And Parity Constitute Valid Grounds For Regular Bail: Supreme Court Accused In Cheque Bounce Cases Cannot File Evidence-In-Chief By Affidavit Under Section 145 NI Act: Orissa High Court 138 NI Act | Signing Board Resolution Doesn't Make Director Liable For Cheque Bounce: Supreme Court Written Reply To Show Cause Notice Sufficient, No Right To Personal Hearing For Borrowers Before Fraud Classification: Supreme Court Upholds RBI Master Directions Borrowers Have No Right To Personal Hearing Before Fraud Classification, But Full Forensic Audit Report Must Be Supplied: Supreme Court

"CRIMINAL LAW" Digest

Criminal Law – Quashing of FIR - Prohibition Law – Validity of FIR Based on Breath Analyzer Test – FIR Quashed – The petitioner was booked under Section 37 of the Bihar Prohibition and Excise Act, 2016, based solely on a breath analyzer test showing 41 mg/100 ml blood alcohol concentration – No confirmatory blood or urine test was conducted – The Court relied on...

Statutory Bail – Non-filing of FSL Report within Statutory Period – Right to Default Bail – Interpretation of Section 167(2) CrPC – Bail Rejected – The petitioner was arrested under the NDPS Act and remained in custody beyond the statutory period of 180 days – A charge sheet was filed without the FSL report, which was subsequently sent directly to the Trial Cour...

POCSO Act – Serious Nature of Allegations – Bail Rejected – The petitioner was accused of multiple offenses under the IPC and POCSO Act, including sexual assault, conspiracy, and intimidation – The prosecution argued that the victim had committed suicide under mysterious circumstances, further complicating the case – Held: Given the gravity of allegations and potentia...

Criminal Contempt – Requirement of Advocate General's Consent – Section 15 of Contempt of Courts Act – Petition Misconstituted – The petition for initiating criminal contempt proceedings was filed without the prior consent of the Advocate General as required under Section 15 – Held: The absence of such consent renders the petition misconstituted, as no suo motu cr...

Bail – Cancellation – Grounds for Revocation – Accused granted bail for offences under IPC, IT Act, and POCSO Act – Subsequent complaint by victim’s mother alleging threats and pressure to withdraw the case – Special Court canceled bail for violation of conditions – High Court upheld the cancellation, emphasizing that interference with witnesses and threat...

Bail in POCSO and IPC 376 Cases – Consideration of Consent and Delay – Accused Granted Bail – The applicant was accused of repeated sexual assault over 15 months; the prosecutrix was 16 years old at the time of filing the FIR – The court considered mitigating factors, including the consensual nature of the relationship, delay in filing the FIR, and absence of coercion &ndas...

Criminal Procedure – Framing of Charges – Section 193 IPC – Section 340 CrPC – Whether Cognizance Taken Properly – The petitioners were charged under Section 193 IPC for allegedly fabricating false evidence in connection with an earlier police case – Held: Section 195(1)(b)(i) CrPC applies to offences relating to giving false evidence in judicial proceedings &nd...

Criminal Law – Circumstantial Evidence – Murder and Robbery – Conviction Upheld – The appellants were convicted under Sections 302, 120-B, 392, and 411 IPC for the murder of an elderly woman and robbery of her valuables – Held: The prosecution successfully established a chain of circumstantial evidence, including last-seen theory, recovery of stolen articles, call det...

Criminal Procedure – Right to Speedy Trial – Delay in Cross-Examination – Section 528 BNSS – Held: Speedy trial is a fundamental right under Article 21 of the Constitution – Criminal Courts must ensure expeditious disposal of proceedings – Supreme Court in Abdul Rehman Antulay v. R.S. Nayak, 1992 (2) RCR 634, and Kartar Singh v. State of Punjab, 1994 (2) RCR 169...

Criminal Law – Abduction for Marriage – Section 366A IPC – Essential Ingredients Not Established – The accused was convicted for allegedly abducting a minor girl with the intention of marrying her – Held: The prosecution failed to establish beyond reasonable doubt that the victim was a minor at the time of the alleged offence – No conclusive birth certificate or...