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 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

"CRIMINAL LAW" Digest

Murder - Conviction Based on Circumstantial Evidence - Chain of Events Incomplete - The accused was convicted of murdering the deceased based on circumstantial evidence. The prosecution failed to establish a continuous chain of events leading exclusively to the guilt of the accused, leaving room for doubt. The court emphasized that circumstantial evidence must form a complete chain without any rea...

Section 295A of IPC – Outrage of Religious Feelings – Shouting ‘Jai Sriram’ in a Mosque – Not Outrageous – The petitioners were accused of entering a mosque and shouting ‘Jai Sriram’ with the intent of disrupting communal harmony. The court held that shouting ‘Jai Sriram’ does not constitute an insult or malicious act intended to outrage ...

Criminal Law – Quashing of Proceedings – Section 482 CrPC – Prima Facie Case for Investigation - High Court quashed criminal proceedings initiated under Sections 406 and 420 IPC on the grounds that the FIR did not disclose entrustment or dishonest intention from the outset – The appellant contended that the accused failed to pay rent despite false assurances and retained po...

Dowry Death – Section 304-B IPC – The petitioner alleged that his sister, Gulshan, was harassed and killed by her in-laws, including her husband, over unmet dowry demands and her inability to conceive – The trial court acquitted all nine accused, leading to this revision petition – Held: The court found that the demand for dowry was sufficiently proven against Gulshan&rsquo...

Criminal Law – Murder Conviction – Appeal against death sentence – Appellant accused of killing his wife, daughter, and mother, and attacking a neighbor – Trial court sentenced the appellant to death based on circumstantial evidence, including recovery of the murder weapon (hammer) and blood-stained clothes – High Court confirmed the conviction and sentence – Su...

Recall of Witness – Section 311 Cr.P.C. – Marking of Material Object – The petitioners challenged the recall of P.W.3 under Section 311 Cr.P.C. for further examination to mark material evidence (Bajaj Motor Cycle No. AP 16 BU 1222) – The petitioners argued that the recall was improper as the required photographs and panchanama were not prepared according to the procedure un...

Criminal Law – Murder or Culpable Homicide – Section 300 IPC – Conviction Modified – The appellant was convicted under Section 302 IPC for pouring acid on the deceased during a quarrel, leading to her death over a month later due to infection – The court observed that the incident occurred without premeditation, in the heat of passion, during a sudden quarrel – ...

Criminal Law – Contradictory Testimonies – Section 332 IPC – Acquittal – The prosecution’s case relied on testimonies of four municipal employees involved in a raid, but there were significant contradictions in their evidence regarding the incident and the role of the applicant – Witnesses’ depositions were inconsistent on the nature of injury, the person ...

Quashing of FIR – Delay in Lodging Complaint – Section 354, IPC – The petitioner sought to quash the FIR, citing a 127-day delay in lodging the complaint and the absence of evidence to support charges of sexual harassment and criminal intimidation – The complaint alleged that the petitioner, a teacher and Director of the Youth Welfare Board at CUSAT, had touched the complai...

Criminal Procedure – Quashing of FIR and Proceedings – Proceedings under Section 174-A IPC based on FIR quashed as being unsustainable under law – Held that Section 174-A IPC, though a cognizable offense, falls within the purview of Section 195(1)(a)(i) Cr.P.C. – FIR and police report for Section 174-A IPC cannot form the basis for cognizance unless accompanied by a complai...