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 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 – Abetment to Suicide – Sections 34, 306 IPC – Petition to Quash FIR – Alleged abetment by threats in February 2019, suicide in May 2019 – Necessity of proximate and live link between threats and suicide – No evidence of contact or threats post-February 2019 – FIR quashed as no direct or indirect act of instigation proven. [Paras 1-27] &nbs...

  Constitutional Law – Premature Release of Convict – Articles 14, 226 – IPC Sections 302, 452, 34 – Cr.P.C. Sections 432, 433 – Conviction post-policy change – Determination of applicable policy for premature release – Policy at the time of conviction to be applied – Policy dated 13.08.2008 applicable for conviction in 2009, superseding earl...

Criminal Law – Anticipatory Bail – Sections 420, 120-B IPC – Section 438 Cr.P.C. – Petitioner, a deed writer, accused in a case involving a fraudulent agreement to sell – Petitioner not a party to the sale – Alleged transaction involved misrepresentation by sellers – Held: Anticipatory bail granted as custodial interrogation not required – Questions ...

Criminal Law - Principles for Parole and Furlough – Grant of Furlough During Elections – Petitioner challenges the order granting furlough to Gurmit Ram Rahim Singh, accused of rape and murder, especially during the Assembly Elections in Punjab – Court holds that furlough is intended to break the monotony of imprisonment and can be granted without specific reasons, but should con...

Criminal Law - Multiple FIRs for Same Offence – Petition under Section 482 CrPC for quashing of second FIR – Second FIR registered under Sections 379 and 411 IPC for the same theft and recovery incident – Held, filing of the second FIR is impermissible as the incident and occurrence are the same – Two FIRs can subsist only if there are two rival versions in respect of the s...

Criminal Law - Maintainability of FIR under PNDT Act – Petition under Section 482 CrPC challenging FIR – FIR registered for offences under PNDT Act, 1994 – Held, FIR is maintainable for offences under the Act – For taking cognizance, report under Section 173 CrPC must be accompanied by a complaint from the appropriate authority as per Section 28 of the Act – Petition ...

Criminal Law - Sentencing - Probation – Conviction under Section 138 of the Negotiable Instruments Act – Respondent-accused released on probation for one year – Petitioner challenged the release on probation and sought compensation – Held, law extends indulgence to first-time offenders for non-heinous crimes – Reformative theory of sentencing emphasized – Courts...

Criminal Law - Quashing of FIR – Section 482 CrPC – FIR registered under Sections 384, 511, and 506 IPC for alleged extortion and threat – Petitioner accused of attempting to extort money by threatening to implicate the complainant in a false rape case – Held, non-disclosure of previous application under Section 156(3) CrPC by complainant – Legal issues can be raised ...

Criminal Procedure - Concurrent vs. Consecutive Sentences – Petition under Section 482 CrPC challenging the trial court’s order directing sentences to run concurrently – Petitioner convicted under Section 302 IPC and Section 25 Arms Act – Life imprisonment under Section 302 IPC and two separate 5-year sentences under Section 25 Arms Act – Section 31 CrPC allows Court ...

Criminal Law - Vicarious Liability – Marketing Firm's Responsibility under Insecticides Act – Petition under Section 482 CrPC seeking quashing of criminal complaint – Petitioners are marketing agents, not manufacturers – Sample from sealed packet with no allegation of tampering or improper storage – Marketing firm cannot be held vicariously liable for misbranding ...