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 Major Married & Earning Sons Entitled To Compensation For Father’s Death; Dependency Evaluated At Time Of Filing Claim: Gujarat High Court Remaining Extent Of Bequeathed Property After Prior Conveyances Can Be Partitioned Among Legal Heirs: Kerala High Court Exchanging Garlands Not A Recognized Mode Of Marriage; Notary Cannot Act As Marriage Officer: Madhya Pradesh High Court Suspends License

"CRIMINAL LAW" Digest

Criminal Law - Superdari – NDPS Act – Interim Custody of Truck – Section 52A NDPS – Offending Vehicle Seized with Contraband – Truck seized carrying 3213.6 kg of poppy straw—Trial Court granted interim custody under Sections 451 and 457 CrPC—Held: In light of amended Section 52A NDPS and Supreme Court rulings, vehicle used in commission of offence should n...

Criminal Procedure – Section 156(3) and 200 CrPC – Allegation of False Implication – Complaint Dismissed – Petitioner sought registration of FIR against police officers alleging false implication under Delhi Excise Act—Cited CCTV footage and illegal detention—Magistrate held complaint premature as trial under Excise Act was ongoing—High Court affirmed dism...

Anticipatory Bail – Sections 318(4), 316(2), 61(1) of the Bharatiya Nagarik Suraksha Sanhita (BNS) - Economic Offence – Prima Facie Conspiracy to Defraud – Bail Denied – Applicant accused of conspiring with two others to induce ₹82 lakhs from a restaurateur under pretense of bribing BMC officials for title transfer—Held: Prima facie material including WhatsApp chats...

Criminal Law  – Sections 303, 307 & 34 of the IPC – Appeal Against Conviction - Suppression of Exculpatory Evidence – Violation of Fair Trial – Acquittal Ordered – Appellants convicted of murder and attempted murder under IPC Sections 302 and 307 based on eyewitness testimonies of PW-4, PW-5, and PW-6 – However, affidavits submitted by PW-5, PW-6, and i...

Criminal Law – Quashing - POCSO Conviction – Role of High Court under Article 226 r/w Section 482 CrPC – High Court Overreach – High Court’s setting aside of the conviction under the POCSO Act and IPC held unsustainable – Supreme Court observed that the High Court misapplied its inherent powers, as serious offences like those under the POCSO Act cannot be quashe...

Criminal Law – Quashing - Drugs and Cosmetics Act – Testing of Non-Pharmacopoeial Drug – Disputed Factual Matrix – Quash Denied - The Company (A1) challenged the testing method used to declare ‘Omnigel’ as ‘Not of Standard Quality’ claiming non-compliance with 2008 departmental guidelines – Court held the testing method and applicability of Rul...

Suo Motu - POCSO Cases – Setting Up of Exclusive Courts – Implementation of Judicial Directives – Compliance Directed - The Court directed that each district with more than 100 POCSO cases must establish exclusive courts under a Central scheme with appropriate staffing and child-friendly infrastructure – Majority of States complied but high-pendency States (UP, WB, Bihar, T...

Criminal Law – Grievous Hurt – Section 326 IPC – Conviction Set Aside – Appellant convicted for grievously assaulting neighbour with a sharp weapon—Trial court held 307 IPC unproved but convicted under 326 IPC—High Court held: Prosecution failed to prove identity of assailant beyond reasonable doubt—Inconsistent testimony, lack of motive, and absence of cr...

Criminal Law - Forgery of Court Record – Tampering After Conclusion of Proceedings – Section 195 CrPC Not Applicable – Appellant accused of fabricating and replacing court records in a civil suit after it was withdrawn – Documents were altered from the record room post-disposal – Held: Since forgery was committed after withdrawal of suit and documents were not in &ldq...

Criminal Law - Murder - Section 302 IPC – Conviction Based on Related Witnesses – Reversed – Appellant convicted for stabbing a minor girl to death along with co-accused—Trial court relied on testimonies of victim’s mother and relatives—Held: Testimonies of P.W.1, P.W.2, and P.W.3 riddled with inconsistencies, contradictions, and uncorroborated claims—Inde...