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 – Appeal against Acquittal – Appeal filed by the State against the trial court's judgment acquitting the respondent of charges under Sections 307, 452, and 506 IPC – Prosecution’s case centered on the respondent’s alleged knife attack on the injured with intent to cause death – Trial court acquitted the accused, noting discrepancies in witness s...

Criminal Law – Murder Conviction – Accused-appellants convicted under Section 302 IPC for the murder of Vijay Bahadur Singh alias Aangnu – Trial court’s judgment affirmed by the High Court – Appeals challenged the reliability of witness testimonies and alleged major contradictions in evidence – High Court found significant contradictions and procedural errors le...

Service Law - Revision of Pension – Government-Aided College Staff Entitlement – Rule 6 of the Haryana Civil Services (Revised Pension) Part I Rules, 2009 – The appellants, retired from government-aided private colleges before 01.01.2006, claimed entitlement to revised pension under Rule 6 on par with government college staff – Held: Revised pension is payable to the appell...

Conviction – Fresh Hearing by Successor Judge – Section 235 Cr.P.C. – The appellant contended that the new Presiding Officer was required to re-hear the case on the question of conviction after the transfer of the original judge – Supreme Court held: The successor judge is only required to hear the accused on the question of sentence under Section 235(2) Cr.P.C., not on con...

Criminal Law – Quashing of FIR and Proceedings under Article 142 – Appeal Allowed – The appellant was charged with multiple offences, including under Sections 376 and 377 IPC, based on a complaint by his wife. However, during trial, the complainant retracted her statements, indicating she filed the complaint under family pressure. Held: Considering the retraction and the desire o...

Labour Law – Criminal Law - Unfair Labour Practice – Quashing of Proceedings – Section 482 CrPC – Criminal Complaint Quashed – Petitioners sought quashing of criminal proceedings under Sections 25(T) and 25(F) of the Industrial Disputes Act, alleging that the company engaged in unfair labour practices by coercing workmen to resign from the union and terminating five e...

Criminal Law – Dacoity Conviction – Identification and Recovery of Stolen Articles – Appellant convicted under Section 395 IPC for hijacking a truck and theft of personal belongings – Prosecution’s case established through testimonies of victims and recovery of stolen items based on the appellant’s statements – Appellant identified during Test Identificati...

Criminal Law – Theft and Housebreaking – Delay in FIR registration – Impact on Prosecution Case – The petitioner filed a revision petition against the acquittal of respondents by the Sessions Judge, Faridkot. The High Court emphasized the critical impact of the delay in FIR registration, which remained unexplained and was deemed fatal to the prosecution’s case. The FI...

Medical Negligence – Quashing of FIR – Petition under Section 482 Cr.P.C. seeking quashing of FIR and subsequent criminal proceedings – Allegations against a senior gynecologist for leaving a surgical sponge inside a patient during surgery – Initial investigation followed by medical board review and subsequent judicial scrutiny – FIR and criminal proceedings quashed b...

Criminal Law – Sections 420, 467, 468, and 471 IPC – Requirement of Intentional Deception – Quashment of Proceedings – The appellant challenged criminal proceedings initiated on allegations of fraud and forgery under Sections 420, 467, 468, and 471 IPC, arguing that issues in the sale deed registration related to undervaluation should have been addressed under Section 47-A ...