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 - Pre-Trial Incarceration – Right to Speedy Trial – Applicability of Section 436-A CrPC – Applicants had been in custody for nearly five years for offences carrying a maximum sentence of 7 years – The Court reaffirmed that Section 436-A CrPC applies to PMLA cases and overrides the rigors of Section 45 PMLA, as held in Vijay Madanlal Choudhary v. Union of India – ...

Criminal Law – Murder Trial – Conviction based on Circumstantial Evidence – Failure to Establish Complete Chain of Circumstances – The appellant was convicted under Section 302 IPC for the murder of the deceased, primarily based on circumstantial evidence – The prosecution relied on the "last seen together" theory and alleged evasive responses from the appel...

Money Laundering – Bail Under Section 45 of PMLA – Twin Conditions Mandatory – High Court’s Order Unsustainable – The High Court granted bail to the respondent without considering the twin conditions mandated under Section 45 of the PMLA – Held: Section 45 overrides general provisions of CrPC and imposes a higher threshold for bail – The High Court failed ...

Bail – Section 439 CrPC – Regular Bail in Cases Involving National Security – Held: Not Granted – Petitioner accused of provoking unrest in Punjab by writing Khalistani slogans and disseminating anti-national content on social media – Court emphasized that such actions threaten national sovereignty and public order – Mere delay in trial is not sufficient to just...

Breach of Trust – Quashing of Proceedings – Section 406 IPC – The petitioner sought quashing of the final report and proceedings on grounds of non-compliance with procedural preconditions under Sections 154(1) and 154(3) of the Cr.P.C. The court evaluated whether the complaint and subsequent proceedings were justified despite alleged procedural lapses, ultimately finding sufficie...

Criminal Procedure – Application Under Section 319 CrPC – Whether Witnesses Who Are Particeps Criminis Can Be Summoned as Accused – Held: Yes – Petitioner, an accused in an illegal iron ore mining case, filed an application under Section 319 CrPC seeking to summon 23 forest officials as accused, alleging they signed blank permits later used for illegal transportation &ndash...

Criminal Procedure – Magistrate’s Power Under Section 156(3) CrPC – Whether Magistrate Can Direct a Superior Police Officer to Register FIR – Held: No – The petitioner sought quashing of the ASJ’s order setting aside the Magistrate’s direction under Section 156(3) CrPC to the DCP (East) to register an FIR and hand over the investigation to DIU – High...

Bail Application – Prima Facie Case and Delay in FIR – Importance of Unexplained Delay – The accused, the victim’s father, was charged with sexual assault and criminal intimidation under IPC and POCSO – The FIR was filed in April 2024, nearly 11 months after the alleged incident in May 2023 – The Court noted multiple unexplained delays, including the victim&rsqu...

Criminal Law – Acquittal for Attempted Murder and Assault – Respondents acquitted of charges under Sections 307, 323, 341 IPC by the trial court due to unexplained delay in lodging FIR, unreliable medical evidence, and lack of independent corroboration of the complainant’s testimony – High Court upheld the acquittal, emphasizing the double presumption of innocence in favor ...

Habeas Corpus Petition – Dismissal After Return of Missing Person – No Grounds for Further Judicial Review – The petitioners’ mother, who was allegedly in unlawful detention, returned home during the pendency of the Habeas Corpus petition – The High Court dismissed the petition as infructuous – The Supreme Court held that once the detenue is no longer in unlawfu...