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 Procedure – Successor Judge’s Role Post Conviction – Appeal Dismissed – The appellant sought a re-hearing of his case on the question of conviction by the successor judge after the original judge who convicted him was transferred – Held: Once a judgment of conviction is pronounced, the Trial Court becomes functus officio regarding conviction under Section 235...

Maintenance – Interim Order – Revision Petition by Wife and Child – Trial court ordered the husband to pay monthly interim maintenance from the date of the application. The appellate court modified this date to a later point, considering the pandemic. High Court found this modification based on facts not on record – [Paras 1-15]. Discretion of Court – Maintenance fro...

Criminal Law – Prevention of Corruption – Proof of Demand – Demand not Established – The appellant, a Talati cum Mantri, was convicted under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act for allegedly demanding ₹500 as illegal gratification for providing a copy of a mutation entry – The prosecution failed to prove the specific d...

Maintenance – Muslim Law – Talaak Validity – Petitioner challenged the Revisional Court’s order directing him to pay maintenance – Contended divorce (Talaak) pronounced validly, relieving him of obligations – High Court upheld Revisional Court’s decision – Talaak must be proven with efforts for reconciliation, valid reason, presence of just witnesses...

Child Sexual Abuse – Reliability of Victim's Testimony – Conviction Sustained - The appellants, convicted of multiple sexual offenses against a minor, challenged the victim's testimony and the reliability of investigative procedures. The Court affirmed that a victim’s testimony alone, when credible and consistent, suffices to uphold conviction in cases of sexual abuse. He...

Dowry Death – Requirements Under Section 304B IPC – Conviction Reversed - The appellants contended that there was insufficient evidence of dowry-related harassment immediately before the deceased’s death, disputing claims of cruelty or dowry demand. The court examined evidence including witness testimony and circumstantial factors – Held: There was no concrete evidence prov...

Recall of Witnesses – Section 311 Cr.P.C. – Petitioners sought to recall PW.1, PW.6, and PW.7 for cross-examination, arguing the need to cross-examine them together for a fair trial – The trial court dismissed the petition, citing unnecessary delay and harassment of witnesses – High Court upheld trial court’s decision, noting that the case had already been significant...

Criminal Law – Externment Order – Petitioner challenged the externment order issued by the District Magistrate under Section 3(3) of the Jharkhand Control of Crimes Act, 2002 – Contended that involvement in two criminal cases does not justify being labeled as a habitual offender – High Court held that mere involvement in two cases does not constitute habitual offending unde...

Criminal Law – Bail Application – Judicial Custody – Applicant accused of forgery and conspiracy – Bail granted under Section 439 of Cr.P.C. considering absence of prior convictions and judicial custody since 29.09.2023 – Co-accused granted bail earlier – Conditions imposed for regular attendance in court and non-interference with witnesses [Paras 1-7]. Forge...

Criminal Law – Bail Cancellation upon Addition of Non-Bailable Offenses – Section 439(2) of Cr.P.C. Application – High Court's Dismissal of Petition Challenging Bail Cancellation Order – The Rajasthan High Court upheld the cancellation of bail originally granted to the accused under Section 436 of Cr.P.C., after non-bailable offenses were added in the final charge-sheet...