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 Law - Prisoner Rights – Alleged Torture and Solitary Confinement – Abuse of Power – The petitioner, the mother of convict prisoner Sivakumar, alleged assault, solitary confinement, and denial of medical treatment to her son by prison authorities based on false accusations – Held: The Court directed the CBCID to investigate and the Government to initiate disciplinar...

Juvenile Justice – Bail for Child in Conflict with Law (CICL) – Presumption of Release – The petitioner, a juvenile, sought bail after denial by both the Juvenile Justice Board (JJB) and the appellate court, despite the Juvenile Justice Act’s reformative stance – The High Court reiterated that, under Section 12 of the J.J. Act, 2015, bail is the rule and refusal an ex...

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...

NDPS Act – Compliance with Section 52A(2) – Bail Application – Appellant convicted for possession of 610 gms of smack under Section 8(C) read with 21(c) of the NDPS Act. Bail application based on alleged non-compliance with mandatory procedures under Section 52A(2) of the Act, which requires the presence of a Magistrate during the sampling and certification of seized contraband &...

Second Complaint – Maintainability – Code of Criminal Procedure, 1973 – Appeal Allowed – The issue involved whether the second complaint, filed with the same allegations as a previously dismissed complaint following acceptance of a final police report, was maintainable. Held: A second complaint on identical facts is generally not maintainable when the first was disposed of ...

Criminal Law – Consent and Promise of Marriage – Conviction under Section 376 IPC – Prosecution Allegation of Rape Dismissed - The appellant was convicted under Section 376 IPC on the grounds of engaging in sexual intercourse with the complainant (PW-1) on a promise of marriage, resulting in her pregnancy – PW-1 alleged that the appellant initially consented to marriage but...

Criminal Revision – Impact of Stay on Discharge Orders – Judicial Custody – The Court analyzed the effect of staying a discharge order on the accused's release. It held that a stay order effectively suspends the discharge and re-establishes the accused’s status prior to the discharge order, necessitating his return to judicial custody. Respondent No. 4, who secured rele...

Criminal Procedure – Application under Section 91 Cr.P.C. – Quashing of Trial Court Order – Petitioner sought to quash the order directing partial production of documents from the respondent – Contention that complete documents including invoices with UDID numbers for 2017-2020 were necessary for defense – Trial Court allowed production only for 2018 transactions with...

  Section 138 of Negotiable Instruments Act – Cheque Dishonour – Conviction and Sentence – The accused was convicted for issuing a dishonoured cheque of ₹7,35,375/- to discharge his liability, and sentenced to simple imprisonment of one year with compensation to the complainant – The conviction was affirmed by the appellate court [Paras 2-5].   Compromi...