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

Bail - Dowry Death – Grant of Bail – Stringent Scrutiny Required – Bail of In-Laws Cancelled – The appellant, brother of the deceased, challenged the bail granted by the High Court to four accused persons (the deceased’s in-laws) – The deceased had allegedly been harassed for dowry, with demands escalating from a motorcycle to a car – The post-mortem repor...

Criminal Law - Preventive Detention – PITNDPS Act - Detenus Already in Judicial Custody – No Material to Show Likelihood of Bail – Detention Orders Quashed – The detenus were already in judicial custody at the time of passing the detention orders – The detaining authority failed to record any cogent material suggesting that there was a likelihood of them being release...

Criminal Law - Murder – Dying Declaration – Conviction Under Section 302 IPC Sustained – The deceased suffered a fatal gunshot wound and, before succumbing, named the accused as his assailants before PW-1 (his wife) and PW-2 (his brother) – Both witnesses provided consistent testimonies regarding the deceased’s statement – Held: The dying declaration was credibl...

Criminal Law – Appeal against Conviction - Abetment of Suicide – Essential Elements – Absence of Proximate Incitement – Conviction Set Aside – For an offence under Section 306 IPC, there must be clear evidence of instigation or active participation in the act of suicide – Mere allegations of harassment, without direct incitement, are insufficient to establish ab...

Criminal Law – Murder of Wife – Appeal against conviction - Dying Declaration – Reliability and Contradictions – Conviction Set Aside – The deceased initially stated to a doctor (PW-13) and police constable (PW-9) that she caught fire accidentally while cooking – Subsequently, in a statement recorded by the Judicial Magistrate (PW-12), she alleged that the appel...

Criminal Law - Murder – Common Object – Unlawful Assembly – Conviction Under Section 302 IPC Upheld – Accused persons armed with swords fatally assaulted the deceased following a land and water dispute – The trial court and High Court convicted the accused under Sections 148 and 302 read with Section 149 IPC – Held: The prosecution successfully established the p...

Criminal Law – Quashing of FIR – Compromise in Non-compoundable Offense – The petitioner sought quashing of the FIR under Section 482 CrPC on the basis of a compromise with the victim, despite the offense being under Section 307 IPC, which is non-compoundable. The court considered the nature of the dispute, the relationship between the parties, and the possibility of conviction, ...

Criminal Law – Quashing of Proceedings – Section 509 IPC – The petitioner sought to quash the final report and proceedings under Section 509 IPC. The court considered the allegations that the accused made an insulting comment to the complainant, who claimed it was intended to insult her modesty. The court evaluated the evidence and arguments, including previous decisions, and con...

Criminal Law – Rape - Quashing of FIR – False promise of marriage – Misconception of fact – No prima facie case made out – The petitioner and complainant were mature individuals who met on a dating app and were engaged in a consensual relationship – The FIR was filed after a prolonged period, and previous complaints made by the complainant to the Jersey City Pol...

Criminal Law – Sentencing – Minimum Punishment under Special Statutes – Section 51(1A) of the Wild Life (Protection) Act mandates a minimum imprisonment of three years, extendable to seven years, along with a fine – Held: Courts do not have discretion to impose a sentence below the statutory minimum – The Special Judge erred in awarding a sentence of ‘already un...