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

Criminal Law - Quashing of Criminal Proceedings – Abetment of Suicide – Absence of Mens Rea – No Proximate Link – Appellants were accused of abetting the suicide of deceased Tanu by making derogatory remarks after the alleged murder of Ziaul Rahman by Tanu’s family – Held: To constitute an offence under Section 306 IPC, a clear intention to instigate or aid the ...

Criminal Sentencing – Attempt to Murder – Sentence Beyond Statutory Limit – Modification of Sentence – Appellant, enraged over his wife leaving him due to his abusive behavior, attacked his mother-in-law with a billhook, causing grievous injuries, and inflicted simple injuries on his wife – Trial Court convicted him under Section 307 IPC and imposed life imprisonment,...

Criminal Law – Appeal against Conviction under Section 302 IPC – Circumstantial Evidence – Last Seen Theory – Benefit of Doubt – The prosecution relied on last seen theory, claiming that the deceased was last seen with the appellant in an auto on 29th November 2013 – Held: Inconsistent witness testimonies weakened the prosecution's claim – PW-23's ...

Bail under NDPS Act – Compliance with Section 37 – Twin Conditions to Be Met – The petitioner sought bail in an NDPS Act case involving commercial quantity – Held: Under Section 37 of the NDPS Act, two conditions must be satisfied before granting bail – (i) The Court must hear the Public Prosecutor, and (ii) There must be reasonable grounds to believe that the accused...

Criminal Law – Murder vs. Culpable Homicide – Absence of Premeditation – Conviction Modified – The Appellants were convicted under Section 302 read with Section 34 IPC for the murder of Manoj Dixit based on circumstantial evidence, including last seen theory, forensic analysis, and recovery of incriminating evidence – The Appellate Court found that the incident occurr...

Criminal Procedure – Quashing of Criminal Proceedings – Scope of Section 482 Cr.P.C. – The petitioners, a bishop and a priest of the Jacobite faction, sought quashing of proceedings in C.C. No. 99/2014 alleging unlawful entry into St. Ignatius Church, Kanjiramattom, in violation of court and administrative orders – The petitioners contended false implication and non-applica...

Bail in Money Laundering Cases – Applicability of Section 45 of PMLA – The applicant was arrested for allegedly laundering ₹1.35 Crores from proceeds of crime linked to a COVID-19 food supply contract – Held: While Section 45 of PMLA imposes strict conditions for bail, prolonged incarceration without trial violates the right to personal liberty under Article 21 of the Constitut...

Criminal Law - Magistrate’s Power – Scope of Section 156(3) of Cr.P.C. & 175 BNSS – Duty to Apply Judicial Mind – The Magistrate passed an order under Section 156(3) of Cr.P.C. directing police to register an FIR and investigate without properly analyzing whether the complaint disclosed cognizable offences – Held: A Magistrate is required to apply his mind to dete...

Criminal Law - Abetment of Rape – Essential Ingredients Not Satisfied – Conviction Set Aside – The appellant was convicted under Section 114 read with Section 376 IPC on the allegation that she harbored the prime accused (her husband) and the victim (a minor) in her house and prevented the victim from leaving – Held: For abetment under Section 107 IPC, it must be shown that...

Criminal Law – Quashing - Dishonour of Cheque – Liability of Joint Account Holder – Only Drawer Can Be Prosecuted – In a case involving a dishonoured cheque issued from a joint account, liability under Section 138 of the NI Act is attracted only against the person who signed the cheque – The petitioner, though a joint account holder, did not sign the cheque in questio...