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

Money Laundering – Scheduled Offence Requirement – Absence of Scheduled Offence at Time of Complaint – Bail Granted – The appellants were detained for prolonged periods in a PMLA case initiated based on an ECIR and FIR which initially did not include a scheduled offence. The Court noted that when the complaint was filed under Section 44 of the PMLA, there was no scheduled o...

Criminal Law – Quashing of FIR – FIR for offences under Sections 376, 377, 323, 509, 34, 380 IPC – Petitioners seek quashing based on settlement agreement – Court observes FIR contains serious allegations of sexual violence, misrepresentation, and threats – Compromise involving monetary settlement not sufficient ground for quashing in serious criminal cases – Pe...

Criminal Law – Bail - Jurisdiction of Court in Bail Conditions – Extent of Conditions under Sections 437(3) and 439 CrPC – Conditions for Bail Set Aside - The High Court, while granting bail to the appellants, imposed conditions mandating the removal of a wall and transferring possession of disputed property to the complainant, thus encroaching upon the jurisdiction of the civil ...

Corruption – Conviction Appeal – Appellant convicted under Section 7 of The Prevention of Corruption Act for accepting a bribe while posted as LDC in Naib Tehsildar's office – Appeal contends lack of proof of demand and acceptance – Complainant turned hostile, claimed money was repayment of loan from appellant's wife – Trial Court's judgment examined for e...

Criminal Law – Murder Conviction – Appellant convicted under Section 302 IPC for the murder of Somati – Conviction challenged – High Court re-evaluates evidence and finds that the altercation was sudden, without premeditation, and under the influence of alcohol – Conviction altered to Section 304 Part II IPC – Sentence reduced to the period already undergone [Pa...

Negotiable Instruments Act – Appeal Against Conviction – Deposit of 20% Fine Under Section 148 N.I. Act – Exceptional Circumstances – The petitioner challenged the order of the Additional Sessions Judge directing him to deposit 20% of the fine amount as a condition for admitting the appeal against his conviction under Section 138 N.I. Act – Held: The deposit of 20% of...

Criminal Proceedings – Cheating and Dishonest Intent – Application to quash proceedings initiated for non-payment for supplied wheat – Applicants claimed dispute is civil in nature, and invoked moratorium under IBC – High Court held prima facie case under Section 420 IPC made out – Rejected plea of moratorium protection under IBC for criminal liability – Applica...

NDPS – Bail - Right to Speedy Trial – Bail Denial Despite Delayed Trial – Petitioners argued for bail due to delayed trials affecting their constitutional rights under Article 21 – Held: Despite the delay, the trial court demonstrated due despatch in recording witness depositions. The court rejected the bail application, upholding the balance between individual rights and n...

Criminal Law – Abetment of Suicide – Appeal Allowed – Appellants, senior employees of Hindustan Lever Ltd, were accused of abetting the suicide of their colleague, Rajeev Jain, by allegedly harassing and humiliating him due to his refusal to accept a Voluntary Retirement Scheme (VRS) – High Court dismissed their plea to quash the criminal proceedings under Section 306 of th...

Quashment of Proceedings – Section 120B IPC and Prevention of Corruption Act – Lack of Evidence Against Appellant – The appellant was charged as Accused No. 13 in a case related to a quid pro quo transaction involving public officials and business entities – The High Court refused to quash the proceedings, holding that the contentions raised were matters for trial – H...