State Can’t Block SARFAESI Sale by Late Revenue Entries: Secured Creditor’s Charge Prevails Over Tax Dues: Punjab & Haryana High Court Slams Sub-Registrar’s Refusal Providing SIM Card Without Knowledge of Its Criminal Use Does Not Imply Criminal Conspiracy: P&H High Court Grants Bail in UAPA & Murder Case Importer Who Accepts Enhanced Valuation Cannot Later Contest Confiscation and Penalty for Undervaluation: Madras High Court Upholds Strict Liability under Customs Act "Allegations Are Not Proof: Madras High Court Refuses Divorce Without Substantiated Cruelty or Desertion" When FIR Is Filed After Consulting Political Leaders, the Possibility of Coloured Version Cannot Be Ruled Out: Kerala High Court Mere Allegations of Antecedents Without Conviction Can't Defeat Right to Anticipatory Bail: Kerala High Court Section 106 Of Evidence Act Cannot Be Invoked In Vacuum – Prosecution Must First Lay Foundational Facts: Karnataka High Court Acquits Wife And Co-Accused In Husband’s Murder Case Parity Cannot Be Claimed When Roles Are Different: Karnataka High Court Refuses Bail to Youth Accused of Brutal Killing Injured Wife Would Not Falsely Implicate Her Husband: Gauhati High Court Upholds Conviction in Domestic Stabbing Case Disputed Bids, Missing Evidence and No Prejudice: Delhi High Court Refuses to Intervene in Tender Challenge under Article 226 License Fee on Hoardings is Regulatory, Not Tax; GST Does Not Bar Municipal Levy: Bombay High Court Filing Forged Bank Statement to Mislead Court in Maintenance Case Is Prima Facie Offence Under Section 466 IPC: Allahabad High Court Upholds Summoning Continued Cruelty and Concealment of Infertility Justify Divorce: Chhattisgarh High Court Upholds Divorce Disguising Punishment as Simplicity Is Abuse of Power: Delhi High Court Quashes Dismissals of Civil Defence Volunteers for Being Stigmatic, Not Simpliciter Marriage Cannot Be Perpetuated on Paper When Cohabitation Has Ceased for Decades: Supreme Court Invokes Article 142 to Grant Divorce Despite Wife’s Opposition Ownership of Trucks Does Not Mean Windfall Compensation: Supreme Court Slashes Inflated Motor Accident Award in Absence of Documentary Proof Concealment of Mortgage Is Fraud, Not a Technical Omission: Supreme Court Restores Refund Decree, Slams High Court’s Remand State Reorganization Does Not Automatically Convert Cooperative Societies into Multi-State Entities: Supreme Court Rejects Blanket Interpretation of Section 103 Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Eligibility Flows from Birth, Not a Certificate Date: Delhi High Court Strikes Down Rule Fixing Arbitrary Cut-Off for OBC-NCL Certificates in CAPF (AC) Recruitment Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Once a Court Declares a Department an Industry Under Section 2(j), State Cannot Raise the Same Objection Again: Gujarat High Court Slams Repetitive Litigation by Irrigation Department “How Could Cheques Issued in 2020 Be Mentioned in a 2019 Contract?”: Delhi High Court Grants Injunction in Forged MOA Case, Slams Prima Facie Fabrication Calling Wife by Her Caste Name in Public Just Before Suicide is Immediate Cause of Self-Immolation: Madras High Court Upholds Husband’s Conviction Under Section 306 IPC Sole Testimony of Prosecutrix, If Credible, Is Enough to Convict: Delhi High Court Upholds Rape Conviction Cheque Issued as Security Still Attracts Section 138 NI Act If Liability Exists on Date of Presentation: Himachal Pradesh High Court After Admitting Lease, Defendant Cannot Turn Around and Call It Forged—Contradictory Stand at Advanced Trial Stage Impermissible: Punjab & Haryana High Court Dismisses Revision Against Rejection of Amendment Plea Dismissed Employee Has No Right to Leave Encashment Under Statutory Rules: Punjab and Haryana High Court Section 13 of Gambling Act Is Cognizable — Magistrate Can Take Cognizance on Police Report: Allahabad High Court Clarifies Surveyor’s Report Not Sacrosanct, Arbitral Tribunal Has Jurisdiction to Apply Mind Independently: Bombay High Court Dismisses Insurer’s Challenge to Award in Fire Damage Dispute Auction Purchaser Has No Vested Right Without Sale Confirmation: Calcutta HC Upholds Borrower’s Redemption Right Under Pre-Amendment SARFAESI Law Mere Breach of Promise to Marry Doesn’t Amount to Rape: Delhi High Court Acquits Man in False Rape Case Father Is the Natural Guardian After Mother’s Death, Mere Technicalities Cannot Override Welfare of Child: Orissa High Court Restores Custody to Biological Father Assets of Wife and Father-in-Law Can Be Considered in Disproportionate Assets Case Against Public Servant: Kerala High Court Refuses Discharge

"CRIMINAL LAW" Digest

Family Law – Maintenance – Revision Application – Compliance with Guidelines – The petitioner contended that the maintenance order awarded by the Family Court was harsh and not based on legal evidence – The trial court did not properly assess his financial capacity and failed to consider the fact that the petitioner is unemployed – The petitioner also claimed th...

Criminal Law – Conviction under Sections 279 and 304-A IPC – Petitioner convicted for rash and negligent driving causing death – Trial court sentenced petitioner to six months' imprisonment under Section 279 IPC and one year under Section 304-A IPC – Conviction and sentence upheld by appellate court – Challenge in High Court of Jharkhand – High Court modifie...

Criminal Procedure – Right to Fair Trial – Entitlement to Unmasked Prosecution Records – The petitioners, accused of POCSO offences, sought unmasked copies of prosecution records for effective defense – The Special Courts rejected these applications, citing the need to protect the identity of the victim under Section 33(7) of the POCSO Act – Held: The right to a fair ...

Criminal Law – Regular Bail – Long Pre-trial Incarceration – Speedy Trial – The petitioner, charged with offenses under Sections 302, 307, 324, 379, 411, 483, 506, 34, and 120-B of the IPC, sought bail after being in custody for over 4 years. Only 5 out of 21 witnesses had been examined in that period – Held: The right to speedy trial under Article 21 of the Constitut...

Criminal Law – Negotiable Instruments Act – Section 138 – Complaint for dishonor of cheques under Section 138 of the NI Act – The petitioner, residing outside the territorial jurisdiction, argued that the Magistrate should have conducted an inquiry under Section 202 CrPC before issuing summons – Held: Under Section 145 of the NI Act, evidence of the complainant can be...

Suspension of Sentence – Section 389 of the CrPC – Suspension of Fine Allowed – The respondent’s sentence, including a fine of Rs.95,00,000, was suspended by the High Court pending appeal – Held: Section 389 of the CrPC empowers the appellate court to suspend both the sentence of imprisonment and the fine – The High Court’s suspension of the fine was valid...

Criminal Law – Murder – Acquittal – Appeal Against Acquittal – The appellants were convicted by the Trial Court for the murder of the deceased, Naseem Khan, under Section 302 IPC read with Section 34 IPC, based on testimonies of the deceased’s family members as eyewitnesses and corroborative medical evidence – Upon appeal, the High Court reversed the conviction,...

Criminal Procedure – Application under Section 482 Cr.P.C. – Petitioners sought quashing of the charge-sheet, cognizance order, and ongoing proceedings – Allegation of dismantling boundary marks and issuing threats – Contention that the dispute was civil in nature and the criminal proceedings were initiated as a form of harassment – Impugned cognizance order issued on...

Anticipatory Bail – UAPA Provisions – Application of Section 43D(4) UAPA – Petitioners sought anticipatory bail under Section 438 Cr.P.C. contending lack of prima facie evidence – High Court upheld rejection of anticipatory bail by NIA Special Judge – Emphasized statutory bar under Section 43D(4) UAPA precluding anticipatory bail – Detailed examination of eviden...

Criminal Law – Acquittal of Accused – Appeal against acquittal in a case of alleged murder of Bipin Kumar – Trial Court acquitted the accused based on lack of evidence – High Court upheld the acquittal, finding no compelling reason to interfere with the Trial Court's judgment [Paras 61-63]. Evidence – Sufficiency of Proof – Prosecution failed to establish...