Section 32 Arbitration Act | Termination for Non-Payment of Fees Ends Arbitrator’s Mandate; Remedy Lies in Section 14(2): Supreme Court False Allegations of Dowry and Bigamy Amount to Mental Cruelty: Madras High Court Upholds Divorce Plaintiff Must Prove Her Own Title Before Seeking Demolition Of Defendant’s Pre-existing House: Andhra Pradesh High Court Mismatch Between Bullet and Recovered Gun Fatal to Prosecution: Calcutta High Court Acquits Man Convicted for Murder Where the Conduct of the Sole Eye-Witness Appears Unnatural and No Independent Witness Is Examined, Conviction Cannot Stand: Allahabad High Court Fraudulent Sale of Vehicle During Hire Purchase Renders Agreement Void: Gauhati High Court Upholds Decree for Refund of ₹4.90 Lakhs Unsigned Written Statement Can’t Silence a Defendant: Hyper-Technical Objections Must Yield to Substantive Justice: Delhi High Court Default Bail | No Accused, No Extension: Delhi High Court Rules Custody Extension Without Notice as Gross Illegality Under Article 21 Gratuity Can Be Withheld Post-Retirement for Proven Negligence Under Service Rules – Payment of Gratuity Act Does Not Override CDA Rules: Calcutta High Court Cognizance Is of the Offence, Not the Offender: Madras High Court Rejects Challenge to ED’s Supplementary Complaint in PMLA Case Acquittal in Rajasthan No Bar to Trial in Madhya Pradesh: MP High Court Rejects Double Jeopardy Plea in Antiquities Theft Case 20% Deposit Isn’t Automatic in Cheque Bounce Appeals: Right to Appeal Can’t Be Priced Out: Punjab & Haryana High Court Checks Mechanical Use of Section 148 NI Act A Child Is Not a Non-Earner: Punjab & Haryana High Court Sets New Benchmark in Compensation for Minors’ Deaths 90 Days Is Not Sacrosanct – Courts Can Permit Reply to Counter-Claim Even Beyond Prescribed Time in Interest of Justice: Punjab & Haryana High Court Magistrate Can Proceed Only for Offences Committed in India Until Sanction Is Obtained for Acts Outside India: Orissa High Court on International Financial Fraud Award Is Vitiated by Non-Consideration of Material Evidence: Orissa High Court Sets Aside Industrial Tribunal’s Wage Award in IMFA Case POCSO | Absence of Child's Name in Birth Certificate Not Fatal: Kerala High Court No One Has the Right to Impute Illicit Motives to Judges in the Name of Free Speech: Karnataka High Court Jails Man for Criminal Contempt DV Complaint Cannot Be Quashed at Threshold Under Article 227: Madras High Court Refuses to Interfere, Directs Accused to Seek Remedy Before Magistrate Recovery Wasn't From Accused's Exclusive Knowledge — Cylinder Already Marked in Site Plan Before Arrest: Allahabad High Court Acquits Man in Murder Case 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 Setting Fire to House Where Only Minors Were Present is a Heinous Offence – No Quashing Merely Because Parties Settled: Calcutta High Court No Exclusive Possession Means Licence, Not Lease: Calcutta High Court Rules City Civil Court Has Jurisdiction to Evict Licensees Defendant's Own Family Attested the Sale Agreement – Yet She Called It Nominal: Andhra Pradesh High Court Upholds Specific Performance Renewal Not Automatic, No Evidence Of Notice Or Mutual Agreement: AP High Court Dismisses Indian Oil’s Appeal Against Eviction

"CRIMINAL LAW" Digest

Criminal Law – Murder Conviction – Acquittal – Appellants convicted under Sections 302, 307, 147, 148, 149 IPC and Sections 25, 27 of the Arms Act – Appellants allegedly shot the deceased during a herb-collection trip – Trial court sentenced the appellants to life imprisonment based on confessional statements and recoveries – On appeal, High Court found inconsis...

Culpable Homicide – Conviction Upheld - Knowledge without Intention – Section 304 Part-II IPC – The appellants were convicted for the offence of culpable homicide not amounting to murder under Section 304 Part-II IPC after causing injuries to the deceased in an altercation over grazing cattle – They inflicted 12 injuries on the deceased, including injuries caused by blunt a...

Criminal Law – Circumstantial Evidence – Proof of Guilt Beyond Reasonable Doubt – The appellants were convicted of the murder of Kumari based on the testimonies of two witnesses, P.W.1 and P.W.2, who claimed to have seen the crime, and the discovery of skeletal remains – The defense challenged the credibility of these witnesses, highlighting the delay in reporting the crime...

Criminal Law – Quashing of Proceedings – Offence under Section 370(A) IPC – The petitioner, accused as a customer in a brothel case, sought quashing of the proceedings against him under Sections 370(3) and 370(A) of the IPC and Sections 3 and 5 of the Immoral Traffic (Prevention) Act – The Court observed that for Section 370(A) to apply, the customer must have knowledge tha...

Criminal Law – Money Laundering – Legality of Arrest under PMLA – The petitioner, a sitting Member of the Legislative Assembly, was arrested by the Directorate of Enforcement (ED) in connection with illegal mining activities, alleging that he benefited from the proceeds of crime – The petitioner contended that the arrest was politically motivated ahead of state elections an...

Criminal Law – Maintenance under Section 125 CrPC – Interim Maintenance Award – Revision petition filed against the order of the Trial Court granting ₹25,000/- per month as interim maintenance to the wife – The wife claimed that the respondent-husband earned more than ₹1,50,000/- per month and had stopped providing maintenance, while the husband contended that the wife ...

Criminal Law – Child Pornography – Quashing of Criminal Proceedings – Appeal – High Court quashed the criminal proceedings against the accused under Section 67B of the Information Technology (IT) Act, 2000, and Section 15(1) of the Protection of Children from Sexual Offences (POCSO) Act, 2012, citing that mere possession or viewing of child pornography without publication o...

Criminal Law – Murder Conviction – Appeal – Appellants convicted for murder and attempt to murder following an altercation – Trial court convicted the appellants under Sections 148, 302, 307 IPC read with Section 34 IPC and sentenced them to life imprisonment – High Court upheld the convictions – On appeal to the Supreme Court, arguments focused on the lack of e...

Criminal Law – Conviction under Sections 304-B and 498-A IPC – Appellants convicted for dowry death and cruelty towards the deceased (Paramjit Kaur) – Trial court sentenced them to 7 years rigorous imprisonment under Section 304-B IPC and 1 year under Section 498-A IPC – Appellants challenged the conviction, arguing that the dying declaration was unreliable and there was no...

Criminal Law – Conviction under Sections 306 and 498A IPC – Applicant convicted for abetment of suicide and cruelty towards his wife – Trial Court sentenced him to imprisonment, and the conviction was upheld by the appellate court – Applicant argued that contradictory medical opinions (postmortem and chemical analysis) undermined the prosecution’s case and that there ...