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

Transfer Petition – Request for Transfer of Proceedings – Insufficient Grounds for Transfer – The petitioner, P. Srinivasan, sought the transfer of criminal proceedings from Nellore, Andhra Pradesh, to Saket, New Delhi, primarily on the grounds of relocation and failure of local police to conduct proper investigation. The court observed that while the petitioner had legitimate gr...

Facts: The case involved a dispute between Seth Group and Mittal Group, both parties of a Joint Venture (JV) Company. The JV Company had acquired land including Sector 89, Faridabad, with the intent to develop it. Disputes arose over liabilities and development rights, leading to litigation, including Writ Petitions. A MoS was executed on May 4, 2015, outlining obligations. The Seth Group alleg...

Facts:  The case involves a charge against the respondent, a trustee in a Deemed University, for allegedly collecting extra amounts from students on the pretext of allowing them to fill examination forms. A complaint also alleged that the respondent demanded money from a complainant failing which the complainant's daughter would not be permitted to appear in the examination.   ...

Live-in Relationships – Protection of Life and Liberty – Petitioners in CRWP No. 4660 of 2021 and CRWP No. 149 of 2024, though already married to third parties, sought protection for their life and liberty while living in a live-in relationship – Held: Despite societal and moral objections, the right to live with dignity under Article 21 of the Constitution must be protected, irr...

Transfer Petition – Inconvenience of Travel – The petitioner, a resident of Hyderabad, sought the transfer of divorce proceedings from Nirmal to Hyderabad, citing difficulty in traveling from Hyderabad to Nirmal with a minor child – The respondent contended that the petitioner resides in Nirmal and falsely claimed Hyderabad as her residence to file a dowry harassment case –...

Dowry Death – Conviction Reversed – Appellants, father-in-law and mother-in-law of the deceased, were convicted under Sections 304-B and 498-A IPC by the Trial Court and sentenced to 10 years of imprisonment – The High Court, while reducing the sentence to 7 years, upheld the conviction – The Supreme Court reversed the conviction, holding that there was no direct evidence o...

Bail - Hostile Witness – Testimony’s Value – Not Entirely Disregarded – The victim initially incriminated the applicant during her examination-in-chief, but later retracted during cross-examination – Held: Testimony of a hostile witness cannot be wholly disregarded – The court should scrutinize the evidence and rely on parts that remain credible and consistent w...

  Mercy Petition – Judicial Review – Grounds for Review – Quick consideration and rejection of mercy petition by the President not grounds for judicial review – Delay may warrant review, but swift rejection suggests thorough consideration not predetermined stance – Petitioner’s arguments on non-application of mind and solitary confinement found unsubstan...

Criminal Law – Quashing of Proceedings – Dispute over property between complainant and father of appellants pending prior to alleged incident – Police had already initiated proceedings under Sections 151, 107, and 116 Cr.P.C. against both parties to maintain peace – Application under Section 156(3) Cr.P.C. filed six weeks after incident – Complaint under Section 200 C...

Criminal Law – Quashing of Proceedings – High Court examined charges at pre-trial stage – Allegations of obtaining fake loans with the connivance of bank officials – High Court erred in quashing charges when allegations required proof in trial – Beneficiary status of respondents due to father's position as bank president prima facie indicates offenses under Sectio...