Custodial Interrogation Not Required For Police Inspector Accused Only Of Illegal Confinement Prior To Victim's Death: Karnataka High Court Rescission Of Contract Without Hearing Is Illegal; Courts Cannot Interfere In Second Appeal If Findings Rest On Unrebutted Evidence: Gauhati High Court RTI Penalty Proceedings Are Between Commission and SPIO Alone — Complainant Has No Right To Be Heard: Kerala High Court Divorced Wife Entitled To Maintenance; Mere Earning Capacity Not A Bar: Orissa High Court Limitation Period Starts From Date Of Knowledge Of Document, Not From When Certified Copy Is Obtained: Madras High Court Mere Mass Transfer Of Officers By Election Commission Does Not Paralyse State Machinery: Calcutta High Court Dismisses PIL Right To Appeal Under Senior Citizens Act Belongs Exclusively To Parents, Children Cannot File Appeal: Orissa High Court Acquittal Cannot Survive When Overt Acts Are Clearly Proved: Madras High Court Convicts Two Accused in Village Clash Killing Wife Is Absolute Owner Of Streedhan, Taking It Away Does Not Attract Criminal Breach Of Trust Under Section 406 IPC: Allahabad High Court Government Need Not Adjudicate If Employee Is 'Workman' Before Referring Dispute To Labour Court: Gujarat High Court Bidder Cannot Be Disqualified For Submitting Certificate From Unspecified Agency If Tender Document Is Silent: Delhi High Court No Presumption Of Joint Family Property Merely Because Joint Hindu Family Exists: Andhra Pradesh High Court Driver Clicking Selfies With Licensed Firearm Doesn't Make Owner Liable Under Arms Act: Punjab & Haryana High Court Quashes FIR High Court Imposes Blanket Ban On Tree Felling In Haryana, Cites Impending Ecological Catastrophe Due To Dismal Forest Cover

"CRIMINAL LAW" Digest

Criminal Procedure – DNA Test Order – Application under Section 482 Cr.P.C. challenging the trial court's order for DNA testing to ascertain paternity in a maintenance claim under Section 125 Cr.P.C. – Applicant argued against the legality of forced DNA testing without consent – Court upheld the order emphasizing that DNA testing is necessary to establish truth in pater...

Criminal Law - Quashing of FIR – Absence of Specific Allegations – Investigation Necessity – Appellant’s complaints centered on family disputes and alleged forced execution of property gift deeds to family members – Supreme Court found complaints lacked specific allegations against certain respondents (4th and 5th), noting that vague claims and considerable delay in f...

Criminal Law - Quashing of FIR – Offenses Against Society – Compromise Inadmissibility – FIR filed against a teacher for sexual assault on a minor under POCSO and SC/ST Acts – High Court quashed the FIR based on compromise between the accused and the victim’s father – Supreme Court held that heinous offenses with societal impact, such as sexual assault on minors...

Criminal Law – Bail Application – Prima Facie Evidence and Presumption of Innocence – Petitioners sought bail in a case involving allegations of rape and gang rape added post FIR registration. The High Court granted bail considering the inconsistencies between the initial complaint and subsequent statements under Section 164 Cr.P.C., and the lack of prima facie evidence to suppor...

Criminal Law – Murder and Conspiracy – The appellants were convicted for the murder of Divakaran, sustaining injuries on his family members, and vandalizing his property – Convictions by the Additional Sessions Court affirmed by the High Court – The High Court emphasizes discrepancies in the investigation and procedural flaws, particularly regarding the involvement and iden...

Alleged Sexual Harassment by Teachers – Conviction of appellants (A-1 and A-2) under Section 12 of the POCSO Act and Section 506 IPC for sexually harassing a minor girl student – Incident involving gifting of flowers and chocolate on Valentine's Day and threatening remarks – High Court upheld Special Court's decision – Contradictions in testimony and lack of corrobo...

Criminal Contempt – Allegations Against Judicial Officers and Abuse of Court Process – Repeated Complaints – Criminal Contempt Established - Sanjeev Kumar, acting as contemnor, filed multiple complaints against judicial officers and court personnel, accompanied by defamatory and unsubstantiated accusations – In hearings and written submissions, the contemnor displayed conti...

Income Tax – Notice under Section 148 – Requirement for Effective Opportunity of Hearing – Section 148A of the Income Tax Act – Adequate Opportunity Not Provided - The petitioner challenged the issuance of a reassessment notice under Section 148 of the Income Tax Act, alleging that he was not given sufficient time to respond to the show-cause notice under Section 148A(b) &n...

Criminal Law - Section 307 IPC – Acquittal Set aside - Requirement of Grievous Injury – Not Essential – The trial court's view that grievous injury is an essential requirement for conviction under Section 307 IPC is incorrect – Held: To convict under Section 307 IPC, it is not necessary that the injury should be capable of causing death. The intent or knowledge with whi...

Speedy Trial – Right under Article 21 of the Constitution – Inordinate delays in FSL report preparation impacting criminal trials, especially under the NDPS Act – Court constituted Committees for systemic reform – Recognizing the constitutional right to a speedy trial, this Court took suo moto cognizance of delays in the preparation and filing of Forensic Science Laboratory...