Abandoning Arbitration Proceedings Bars Fresh Section 11 Application On Same Cause Of Action: Supreme Court Department Must Lead Evidence, Examine Witnesses To Prove Charges Unless Employee Clearly Admits Guilt: Supreme Court Order IX Rule 13 And Section 96 CPC Have Distinct Scopes; Minor Unrepresented In Original Suit Can Seek Setting Aside Ex-Parte Decree: Supreme Court Minor Heir Cannot Be Expected To Respond To Public Notice Independently: Supreme Court Sets Aside Ex Parte Succession Certificate Supreme Court Restores Acquittal In POCSO Case, Holds DNA Evidence Not Infallible If Blood Sample Collection Is Disputed Bar Under Section 197 CrPC Applies At Stage Of Cognizance; Subsequent Notification Cannot Invalidate Valid Proceedings: Supreme Court State Cannot Apply Harsher Remission Policy Retrospectively To Deny Premature Release: Supreme Court Superficial Bail Orders In Dowry Death Cases Weaken Public Faith In Judiciary: Supreme Court Cancels Husband's Bail Non-Deposit of Balance Amount During Suit Doesn't Prove Lack Of Readiness: Bombay High Court Grants Specific Performance Of 1978 Oral Agreement Teacher Appointed In 'Pass' Graduate Category Entitled To Higher Pay Scale Upon Acquiring Master's Degree During Service: Calcutta High Court Ex-Parte Maintenance Order Under Section 144 BNSS Must Be Challenged Before Family Court First, Direct Revision Not Maintainable: Allahabad High Court Occupant Cannot Be Denied Electricity Merely Because Decree-Holder Demands Disconnection Pending Eviction: Andhra Pradesh High Court Anticipatory Bail In PMLA Cannot Be Granted If Accused Obstructs Probe & Gives False Answers Even If Beneficiary Of Section 45 Proviso: Delhi High Court Tender Condition Disqualifying Bidders For Past Bridge Collapses Does Not Amount To Blacklisting: Gauhati High Court Mere Unauthorized Entry On Government Land Does Not Constitute Criminal Trespass Without Intent To Annoy: Himachal Pradesh High Court Mere Buildings Without Life-Saving Machinery Don't Fulfil Article 21 Mandate: Jharkhand HC Orders State-Wide Functional Burn Wards Within 120 Days Unestablished Claim Of Co-Heirship Does Not Mandate Reference To Civil Court For Apportionment Of NHAI Compensation: J&K High Court Accused Cannot Defer Cross-Examination By Merely Claiming Defence Strategy Will Be Disclosed: Madhya Pradesh High Court Allegations Confined To Negligence, Not Criminal Intent: Punjab & Haryana High Court Grants Anticipatory Bail To Ex-SGPC Secretary In Missing 'Saroops' Case True Owner Cannot Unlawfully Enter Tenanted Premises Under Guise Of Ownership To Commit Offence: Kerala High Court Upholds Landlord's Conviction RTO Officials Cannot Seize Vehicles Without Specific Statutory Authority; Actions Pending Writ Proceeding Highly Improper: Karnataka High Court Supreme Court Flags West Bengal Incidents, Orders Central Forces to Shield Judges on Ground Duty Two-Judge Bench Can Modify Three-Judge Bench Orders: Supreme Court Supreme Court Cancels Bail Of 'Grand Venice' Promoter, Forfeits ₹50 Crore Deposit Over Siphoning Of Funds During IBC Moratorium

"CRIMINAL LAW" Digest

Gangster Act – Quashing of Proceedings – Solitary Base Case – Validity of Gang Chart – Application under Section 528 BNSS filed seeking quashing of proceedings under Section 2/3 of the U.P. Gangster Act, including charge-sheet and cognizance order – Applicant contended that initiation of Gangster Act proceedings on the basis of a solitary case was impermissible and co...

Companies Act – Financial Statements – Non-disclosure of Specified Bank Notes – Criminal Prosecution – Quashing – Complaint under Sections 129/448 Companies Act filed against Director alone without impleading company – Held: Company is principal offender – Proceedings against director alone not maintainable [Paras 48–56].   Criminal Law &n...

Criminal Law - Attempt to Murder – Conviction under Section 307 IPC – Appeal – Acquittal – Appellant convicted for stabbing the injured with a knife – Trial Court sentenced appellant to five years’ rigorous imprisonment – On appeal, High Court finds serious doubt regarding identity of assailant – Injured and eyewitnesses admitted no prior acquaintanc...

Criminal Law – Dacoity with Murder – Circumstantial Evidence – Confirmation of Conviction – Appellants convicted under Sections 448/396/302/412/34 IPC for committing dacoity and murdering landlady Rekha Rani Roy and tenant Gouri Majhi – No eyewitness to occurrence – Case resting on chain of circumstantial evidence – Held: Prosecution established complete c...

Criminal Law – Murder – Conviction under Section 302/149 IPC – Unlawful Assembly – Appellant Sanwarey convicted for murder along with other co-accused – Role attributed to appellant was assault with lathi – Knife blows attributed to co-accused – Held: Once common object to commit murder is established, individual role or nature of weapon used by each accus...

Criminal Law – Criminal Intimidation – Section 506 IPC – Essential Ingredients – Intention to Cause Alarm – Mere use of threatening words without intention to cause alarm does not constitute offence of criminal intimidation – Prosecution must prima facie establish intention to cause alarm irrespective of actual alarm caused – Vague and general allegations ...

Family Law - Domestic Violence Act – Daughter as “aggrieved person” – Maintainability – Petition under Section 12 DV Act filed by minor daughter (through maternal grandmother) seeking protection, residence/monetary relief, maintenance and compensation – Father challenged maintainability contending “aggrieved person” under Section 2(a) refers to &ldqu...

Anticipatory Bail – Prevention of Money Laundering – Organized Cyber Frauds – Petitioners alleged to be key operatives in third and second layers of laundering network – Large-scale layering of proceeds of crime through hundreds of mule accounts, conversion to cryptocurrency, and uploading to UAE-based PYYPL platform – ED investigation revealed deep involvement of pet...

Bail – Corruption Case – Advocate Accused of Influencing Judiciary – Rejection of Bail – Petitioner, an Advocate practicing before the High Court, sought regular bail under Section 439 Cr.P.C. in FIR registered by CBI for demanding ₹30 lakhs as illegal gratification for securing a favourable judicial order in a matrimonial dispute – Allegation that petitioner claime...

Prevention of Corruption Act, 1988 – Prosecution Sanction – Refusal by Competent Authority – Subsequent Grant by Another Authority – Validity – Petitioner, Assistant Grade-II in Municipal Council, faced prosecution under Sections 7, 13(1)(b) and 13(2) PC Act – President-in-Council, being competent authority under Section 19(1) PC Act, refused sanction – St...