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 – Application under Section 319 Cr.P.C. – Summoning Additional Accused – The petitioner challenged the order of the Additional Sessions Judge dismissing the application to summon respondent Nos. 2 to 7 as additional accused. Held, the trial court erred in not appreciating the intent of Section 319 Cr.P.C., which mandates proceeding against persons appearing to have c...

Criminal Law - Anticipatory Bail - Forgery and Fraudulent Loan Acquisition - Petition under Section 438 Cr.P.C. - Allegations of forging revenue records to falsely show co-accused Satpal’s ownership instead of the complainant’s for securing a bank loan - Petitioner accused of assisting in the fraud - Held, petitioner’s role in creating a charge on the property through forgery is ...

Criminal Law - Quashing of FIR - Settlement Between Parties - FIR under Section 174-A IPC quashed after settlement in complaint under Section 138 of the Negotiable Instruments Act - Continuation of prosecution not justified - FIR and all consequential proceedings quashed subject to cost payment. [Para 10]   Section 138 NI Act - Withdrawal of Complaint - Impact on FIR under Section 174-A...

Criminal Law - Delay in FIR and Material Contradictions - Criminal Appeal against acquittal - Case involving charges under Sections 420, 376, 328, and 506 IPC - Acquittal by trial court based on non-credibility of the prosecutrix's statements and absence of corroborative evidence - Held, delay in filing FIR and material contradictions in the statements of the prosecutrix, along with the failur...

Excise Law - Quashing of FIR - Criminal Petition to quash FIR under Section 61 of the Punjab Excise Act, 1914 - FIR registered for possession of liquor without authority - Held, post-amendment by Punjab Act No. 10 of 2003, the adjudication of such offenses is within the jurisdiction of the Excise Department - FIR registered by police is void ab initio - Petition allowed - FIR and consequential pro...

Criminal Law - Quashing of Summoning Order and Complaint – Criminal miscellaneous petition against summoning order by trial court and subsequent affirmation by revisional court – Summoning of government officials for offenses under IPC without prior sanction under Section 197 Cr.P.C. – Allegations of illegal eviction and theft by government officials of PGIMS Rohtak – Supre...

Criminal Law - Essential Commodities Act - Non-Standard Fertilizer - Section 7 - Fertilizer (Control) Order, 1985 - Appeal against conviction under Section 7 for selling non-standard fertilizer - Samples taken were not in compliance with prescribed procedure - Prosecution failed to follow Schedule II guidelines - Entire case vitiated due to non-compliance - Appeal allowed, conviction set aside. [P...

Criminal Law - Cancellation of Bail - Justified Absence - Sections 439, 482 Cr.P.C. - Sections 25, 54, 59 of Arms Act, 1959 - Sections 148, 149, 307, 120-B IPC - Petition seeking quashing of order canceling bail and issuing arrest warrants due to petitioner's non-appearance on the specified date - Petitioner noted wrong date and missed court appearance - Explanation for absence found justified...

Criminal Law - Section 138 of Negotiable Instruments Act - Premature Filing of Complaint - Criminal appeal against the dismissal of a complaint filed under Section 138 of the Negotiable Instruments Act for dishonour of cheque - Legal notice issued on 21.10.2010, complaint filed on 3.11.2010, one day before the 15-day period expired - Held, the complaint is premature and thus not maintainable - Tri...

Prisoners' Rights - Temporary Release - Furlough - Petition denied furlough due to being labeled a "hard-core prisoner" and potential crime risk - Court held that mere likelihood of committing a crime is insufficient to deny furlough - Authorities can impose stringent conditions to prevent such events. [Para 17]   Legal Rights of Prisoners - Fundamental Rights and Rehabili...