Wife Is Absolute Owner Of Streedhan, Taking It Away Does Not Attract Criminal Breach Of Trust Under Section 406 IPC: Allahabad High Court Government Need Not Adjudicate If Employee Is 'Workman' Before Referring Dispute To Labour Court: Gujarat High Court Bidder Cannot Be Disqualified For Submitting Certificate From Unspecified Agency If Tender Document Is Silent: Delhi High Court Driver Clicking Selfies With Licensed Firearm Doesn't Make Owner Liable Under Arms Act: Punjab & Haryana High Court Quashes FIR High Court Imposes Blanket Ban On Tree Felling In Haryana, Cites Impending Ecological Catastrophe Due To Dismal Forest Cover No Fresh Summons Needed For Legal Heirs If Suit Was Already Proceeding Ex-Parte Against Deceased Defendant: Allahabad High Court Serving Judicial Officer's Anticipatory Bail Denied in Theft From Deceased Judge's Home: "No Person, Whatever His Rank, Is Above Law" Missing Murder Weapon Not Fatal When Eyewitnesses Are Reliable - Brother Stabs Brother: Tripura High Court Advocate and Cop Conspired to Frame Innocent Witness in Fake Gang Rape Case: Delhi High Court Upholds Conviction, Calls It "Clear Abuse of Process of Law" Direction To 'Act In Accordance With Law' Does Not Determine Substantive Rights, Non-Impleadment Not A Ground For Review: Chhattisgarh High Court State Cannot Grab Citizen's Land For Road Construction Pleading Delay And Laches: Himachal Pradesh High Court "Bail Is Rule, Jail Is Exception" Principle Does Not Apply Post-Conviction: Jharkhand High Court Failure To Furnish Written Grounds Of Arrest Renders Arrest Illegal, Entitles Accused To Bail In NDPS Case: Supreme Court Medical Certificate On Reverse Side Of Dying Declaration Does Not Affect Its Sanctity: Supreme Court Supreme Court Directs All State Capitals To Conduct Inquiry Into Misuse Of Residential Areas For Commercial Purposes Tolls Collected By NHAI On National Highways Fall Exclusively Under Union List: Supreme Court Family Courts Lack Jurisdiction To Transfer Cases Inter-Se Under Section 24 CPC: Rajasthan High Court 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 Chief Minister's Press Conference Assurance Not Legally Enforceable Without Formal Executive Order: Delhi High Court Irretrievable Breakdown Of Marriage Amounts To Cruelty, Court Cannot Grant Permanent Alimony Suo Motu: Calcutta High Court Minor Contradictions In Wife's Evidence Are Usual In Cruelty Cases, Do Not Vitiate Prosecution Under Section 498A: Kerala High Court

"CRIMINAL LAW" Digest

Criminal Procedure – Anticipatory Bail – Factors to Consider – High Court granted anticipatory bail to respondents accused under Sections 302, 341, 323, 307, 504, and 34 of IPC – Appellant challenged the order, citing specific allegations in FIR and chargesheet indicating respondents’ involvement in setting the deceased ablaze with intent to kill – Supreme Court...

Criminal Procedure Code, 1973 – Discharge under Section 227 Cr.P.C. – Lack of Prima Facie Case – Appellant (Accused No.13) sought discharge under Section 227 Cr.P.C. from charges under Section 27(b) of the NDPS Act – Sole evidence against the appellant was the confession statement of a co-accused (Accused No.1) – Held: Confessional statement of a co-accused is inadmis...

Criminal Law – Allegations of Witchcraft – Public Humiliation and Assault – FIR lodged against 13 accused under Sections 341, 323, 354, 354B, 379, 504, 506, 149 IPC, and Sections 3 & 4 of the Witch (Daain) Practices Act for grave allegations including assault, disrobing, and public humiliation of the victims accused of witchcraft – Police filed chargesheet against only ...

Negotiable Instruments Act, 1881 – Section 138 – Dishonour of Cheques – Essential Ingredients – Complaint filed under Section 138 of the NI Act lacked specific averments that the appellant, as the authorized signatory of the company, was in charge of and responsible for the conduct of its business – Held: Such averments are statutorily mandatory to maintain a complain...

Criminal Law – Rash and Negligent Driving – Conviction under Sections 279 and 304A IPC – Petitioner driving a Qualis vehicle at high speed collided with a motorcycle, causing the death of the rider and injuries to the pillion – Trial Court convicted the petitioner, sentencing him to 6 months S.I. under Section 304A IPC and a fine of ₹1,000 under Section 279 IPC – Co...

Negotiable Instruments Act, 1881 – Dishonour of Cheque – Individual vs. Corporate Liability – Accused acquitted for the offence under Section 138 of the NI Act as the cheque was drawn on an account maintained by the company (Shilabati Hospital Pvt. Ltd.), and the company was not impleaded as an accused – Held: A director or authorized signatory cannot be held liable in thei...

Criminal Procedure Code, 1973 – Discharge under Section 239 Cr.P.C. – Prima Facie Case – High Court set aside the charges framed under Section 109 IPC read with Section 13(1)(e) punishable under Section 13(2) of the Prevention of Corruption Act, 1988, and discharged the respondent – Held: The Trial Court correctly found prima facie case against the respondent based on the i...

Bail – Conditions for Grant – Judicial Custody Duration – Petitioner arrested for assault with a wooden stick, causing grievous injuries – Petitioner in custody for 30 days, investigation complete, no criminal antecedents – Bail granted with stringent conditions to prevent evidence tampering and ensure compliance with legal procedures [Paras 1-10]. Criminal Jurispr...

Criminal Procedure – FIR Quashing – Section 482 Cr.P.C. – Allegations of dowry harassment and assault – Petitioner claims false implication due to long-standing family estrangement – Court examines specific allegations and finds prima facie case warranting investigation – Application dismissed [Paras 1-18].   Investigation – Role of Accused &nda...

Petitioner’s Arrest and Application for Default Bail – Bharat Bhushan, the petitioner, was arrested on 07.03.2023 – Arrest in connection with FIR No.168 involving charges under the NDPS Act, 1985 and the Drugs and Cosmetics Act, 1940 – Application for default bail under Section 167(2) of Cr.P.C. after the lapse of 180 days of investigation period – Dismissal of the ap...