TRAI Issuing Directions To Enforce Regulations Is Not 'Adjudication' Of Dispute, Does Not Usurp TDSAT's Jurisdiction: Supreme Court Candidate Can Challenge Selection Process After Participating If Arbitrariness Is Writ Large Or Rules Changed Mid-Way: Supreme Court Selection Committee Cannot Superimpose Additional Cut-Off Marks Not Prescribed In Rules: Supreme Court Litigants Must Ordinarily Approach High Court First For Quashing FIRs, Article 32 Is For Exceptional Circumstances: Supreme Court Supreme Court Refuses To Club Multiple FIRs In Cyber Fraud Case, Says Similar Modus Operandi Does Not Constitute 'Same Transaction' Layman Borrowers Not Liable For Forgery If Even Bank's Legal Experts Failed To Detect Fabrication In Title Deeds: Allahabad High Court Kerala High Court Orders Travancore Devaswom Board To Digitise Sabarimala Asset Inventory, Says Current Records Resemble 'Betel Shop' Ledger Second Husband In Void Marriage Cannot Be Prosecuted For Dowry Death Under Section 80 BNS: Allahabad High Court Cohabitation Of Barely 3 Months Insufficient To Trigger Presumption Of Live-In Relationship For Maintenance: Bombay High Court SC/ST Act Case Filed By Suspended Head Constable To 'Wreck Vengeance' Against Investigating Officers Quashed: Andhra Pradesh High Court Non-Compliance With Order For Production Of Documents Under O.11 R.14 CPC Cannot Warrant Striking Off Defence: Calcutta High Court Omission To Put Dying Declaration To Accused Under Section 313 CrPC Makes It Inadmissible, But Doesn't Demolish Entire Prosecution Case: Delhi High Court Victim's Appeal Against Magistrate's Acquittal Order Lies Before Sessions Court Under Section 413 BNSS: Gujarat High Court 'Fraud And Justice Cannot Dwell Together': Karnataka High Court Quashes 30-Year-Old Land Acquisition After Records Of Compensation Go Missing Electricity Authorities Cannot Determine Civil Liability For Energy Theft Under Section 135; Only Special Court Empowered: Madhya Pradesh High Court State Cannot Exploit Employees By Keeping Them On Part-Time Basis For Decades To Deny Old Pension Scheme: Punjab & Haryana HC

"CRIMINAL LAW" Digest

Criminal Law – Discharge of Accused - Sanction for Prosecution – Protection Under Section 197 Cr.P.C. – Actions Performed During Official Duty – The accused, a police officer, allegedly used force while enforcing a breath analyzer test – The Court held that though he had no authority to manhandle the complainant, his actions were connected to his official duty –...

Criminal Law – Quashing - Second Complaint After Acceptance of Final Report – Not Maintainable in Absence of Special Circumstances – Summoning Order Set Aside - The first FIR filed by the complainant in 2005 led to a final report being accepted in 2012 – A fresh complaint was filed in 2017 on identical facts, leading to the summoning of the accused under Section 406 IPC &nd...

Criminal Law - Default Bail – Stringent Conditions – Violation of Fundamental Rights – Petitioner was granted default bail under Section 167(2) CrPC due to the prosecution’s failure to file a charge sheet within 60 days – However, bail conditions included an excessive surety bond of ₹1.10 crore and a bank guarantee of ₹55 lakh – Petitioner challenged these c...

Criminal Law - Quashing of Criminal Proceedings – Section 482 CrPC – Power of the Court – Petitioners sought quashing of the criminal case against them, arguing that the FIR was lodged with malicious intent due to a long-standing enmity – Supreme Court precedent holds that quashing under Section 482 CrPC is permissible only in cases of manifest abuse of process – Cour...

Divorce on Grounds of Cruelty – Denial of Education – Section 13(1)(ia) of the Hindu Marriage Act – Wife alleged that she was subjected to mental and physical cruelty, including coercion to discontinue her education and demand for dowry – Husband denied allegations and contended that he supported her studies – Trial court ruled in favor of husband, holding that cruelt...

Criminal Law – Molestation and Assault – Petitioner, a practicing Ayurvedic doctor, was allegedly molested and assaulted by the accused, Joseph Chacko, within her clinic. The complaint was registered under Sections 354, 294(b), and 323 of the IPC, and Section 4(1)(i) of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Prope...

Negotiable Instruments Act – Dishonor of Cheque – Appeal against Acquittal – Right of Complainant to Appeal – Section 138 and Section 142 of the N.I. Act – Section 378(4) and Section 372 of Cr.P.C. – Revision Allowed – The appellate court dismissed the complainant’s appeal against acquittal as not maintainable, holding that a complainant under Sectio...

Criminal Law - Quashing of FIR – Misuse of Official Position – Allegations against the appellant, a retired IAS officer and former District Collector, for wrongful restoration of government land to private allottees – FIR registered under Sections 409, 219, and 114 IPC – Appellant sought quashing under Section 482 CrPC on grounds of official duty and lack of criminal intent...

Rape on False Promise of Marriage – Whether Conviction Sustainable – The appellant was convicted for rape based on an alleged false promise of marriage—Trial Court found that the prosecutrix consented to sexual relations believing in the appellant’s promise—Held: Consent obtained under a misconception of fact due to a false promise of marriage is not valid under Secti...

Bail - NDPS – Charge Sheet Without FSL Report – Bail Granted - The petitioner was arrested for possession of 300 grams of MDMA and remained in custody for nearly a year – The prosecution filed a charge sheet without an accompanying Forensic Science Laboratory (FSL) report – The Court held that in cases under the NDPS Act, a chemical analysis report is an integral part of th...