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

Criminal Law – Bail Application – Section 439 CrPC – The court held that bail cannot be denied solely on the ground that the accused has multiple prior cases. The precedent set by the Supreme Court in Maulana Mohd. Amir Rashadi's case (2012(2) SCC 382) was applied, emphasizing that the role of the accused in the current case and other relevant factors must be considered. Held...

Criminal Procedure Code, 1973 – Negotiable Instruments Act, 1881 – Sections 138, 141 – Petitions for quashing complaints under Section 138 NI Act and summoning orders – Business dealings and transactions involving purchase of paddy crops – Cheques signed by co-accused/Director of the Company – Authorized person responsible for day-to-day business of the Company,...

Criminal Law – Bail – Predicate Offence – Money Laundering – High Court's Consideration of Bail under PMLA – Petitioner sought bail under Section 439 Cr.P.C. – High Court referred to Nikesh Tara Chand Shah case, ruling that the principle is of granting rather than denying bail. No evidence was provided by the prosecution indicating that the petitioner, if gr...

Criminal Law – Right to Conjugal Relations – Criminal writ petition seeking parole for conjugal relations and procreation within jail premises – Petitioner's husband, a convict sentenced to life imprisonment, classified as a hardcore criminal – Held, right to conjugal relations is not an absolute right – Convicted persons cannot enjoy the same rights as law-abidin...

Criminal Law – Perjury – Sections 191, 193 IPC – Section 340 Cr.P.C. – Application for maintenance under Section 125 Cr.P.C. – Concealment of employment and income – Wife joined as Assistant Professor before filing application – Held: Duty to disclose financial status to court – Concealment intentional and deliberate to obtain maintenance – Hig...

Criminal Law – Discharge of Accused – Sections 6, 14(1-A), 14-A Employees' Provident Funds Act – Societies Registration Act – Section 245 Cr.P.C. – Accused alleged to have failed in paying employer’s contribution to Pension Fund – Burden on complainant to establish accused's responsibility for management and control of juristic entity – No ev...

Criminal Law – Bail – Suppression of Material Facts – Article 21 Constitution of India – Sections 379-B(2), 34 IPC – Section 439 Cr.P.C. – Bail application before Sessions Court during pendency in High Court – Suppression of material facts regarding pending bail application – Held: Suppression not material for determination of bail, right to liberty ...

  Negotiable Instruments – Dishonour of Cheque – Section 139 NI Act – Section 4 Indian Evidence Act – Presumption of Legally Enforceable Debt – Whether absolute – Held: Presumption under Section 139 NI Act is rebuttable – Complainant must prove pre-existing liability and legally enforceable debt – Failure to produce cogent evidence by complai...

Criminal Law – Dishonor of Cheque – Sections 138, 139 NI Act – Section 357(3) Cr.P.C. – Legally enforceable debt – Presumption in favor of holder – Failure to reply to legal notice – Accused's failure to respond to legal notice does not automatically assume acceptance of liability – Held: Presumption under Section 139 is rebuttable – Accuse...

Criminal Law – Unnatural Offence and Aggravated Sexual Assault – Sections 377 IPC and 10 POCSO Act – Conviction based on minor victim’s testimony – Section 377 attracted where penetration occurs on any part of the body, predominant intent must be sexual – Absence of external injury marks on the victim’s body not sufficient to disprove the offence – V...