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

"CRIMINAL LAW" Digest

Criminal Law - Quashing of FIR – Misuse of the Gangsters Act – Civil Dispute Given Criminal Color – The FIR against the appellants alleged their involvement in a gang based on three predicate criminal cases, all of which arose from property and monetary disputes – The Supreme Court found that these cases were essentially civil in nature and did not meet the threshold of &qu...

Criminal Trial – Conviction Based on Circumstantial Evidence – Standard of Proof – Benefit of Doubt – The appellant was convicted for abetting the murder of two victims based on circumstantial evidence – The Supreme Court emphasized that conviction cannot be sustained when there are serious inconsistencies and missing links in the chain of circumstances – Held: ...

Criminal Law - Compounding of Offence – Distinction between Compounding and Quashing of Proceedings – Section 307 IPC – Settlement Between Parties – Quashing Allowed – The High Court erred in treating compounding and quashing as interchangeable concepts – While Section 307 IPC is a serious offence, courts must evaluate whether the charge is supported by evidence...

Criminal Law - Quashing of Criminal Proceedings – Matrimonial Dispute – Abuse of Process of Law – The FIR was lodged by the wife two months after the husband filed for divorce – The Supreme Court noted that such delayed allegations, particularly after the initiation of divorce proceedings, indicate an ulterior motive – Held: Criminal proceedings appear to be vexatious...

Criminal Law – Circumstantial Evidence – Failure to Prove Guilt Beyond Reasonable Doubt – Acquittal Granted – The appellant was convicted under Section 302 IPC for the murder of one Ramlal based solely on circumstantial evidence – The prosecution alleged that the appellant was last seen with the deceased, had a motive related to non-payment of wages, and fled from the...

Criminal Law - Matrimonial Dispute – Quashing of FIR Under Section 498A IPC – Abuse of Process of Law – The wife filed an FIR under Section 498A and 506 IPC against the husband three years after the alleged incidents of cruelty – The complaint lacked specific allegations of dowry harassment or cruelty, and was filed immediately after failed settlement discussions – He...

Criminal Law - Sanction for Prosecution – Judicial Review – Validity of Orders Declining Sanction – Orders Set Aside – Refusal to grant sanction for prosecution is subject to judicial review – The sanctioning authority must apply its independent mind and consider all relevant evidence – In the instant case, the impugned orders were non-speaking and failed to con...

Criminal Law – Circumstantial Evidence – Prosecution Failed to Establish Guilt Beyond Reasonable Doubt – Acquittal Granted – The appellant was convicted for the murder of his first wife based on circumstantial evidence – Key prosecution witnesses, including the deceased’s brother and sister, turned hostile and denied any foul play – The medical opinion on ...

Criminal Law – Partial Compromise – Scope and Validity – The court examined whether partial compromise can form a basis for quashing FIRs and criminal proceedings under Section 482 CrPC or its equivalent Section 528 BNSS – Held, the exercise of jurisdiction to quash criminal proceedings must avoid piecemeal compromises that disrupt the joinder of trials and cause prejudice ...

Criminal Law – Rape on the False Promise of Marriage – Prima Facie Evidence – Discharge Application Dismissed – Accused allegedly had sexual intercourse with the victim repeatedly on the false promise of marriage, persuaded her to send explicit photographs, and later retracted the promise – Special Court held that consent, if any, was vitiated under Section 90 IPC, as...