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 – Cruelty and Abetment of Suicide – Section 498-A and 306 of IPC – Dying declarations – Whether conviction based on dying declarations is sustainable – Held, inconsistencies in the three dying declarations recorded by different officers without clear endorsement of fitness and absence of thumb impressions cast doubt on their reliability – Court emph...

Criminal Procedure Code, Section 439 – Bail – Third Application – Offences under Sections 498-A, 406, 323, 326A, 302, and 304-B IPC – Accusation of administering acid to the deceased leading to her death – Second bail applications were dismissed with liberty to file afresh – First bail application dismissed as not pressed – Bail granted due to lack of prim...

Family Law – Maintenance – Revision Application – Compliance with Guidelines – The petitioner contended that the maintenance order awarded by the Family Court was harsh and not based on legal evidence – The trial court did not properly assess his financial capacity and failed to consider the fact that the petitioner is unemployed – The petitioner also claimed th...

Criminal Law – Conviction under Sections 279 and 304-A IPC – Petitioner convicted for rash and negligent driving causing death – Trial court sentenced petitioner to six months' imprisonment under Section 279 IPC and one year under Section 304-A IPC – Conviction and sentence upheld by appellate court – Challenge in High Court of Jharkhand – High Court modifie...

Criminal Procedure – Right to Fair Trial – Entitlement to Unmasked Prosecution Records – The petitioners, accused of POCSO offences, sought unmasked copies of prosecution records for effective defense – The Special Courts rejected these applications, citing the need to protect the identity of the victim under Section 33(7) of the POCSO Act – Held: The right to a fair ...

Criminal Law – Regular Bail – Long Pre-trial Incarceration – Speedy Trial – The petitioner, charged with offenses under Sections 302, 307, 324, 379, 411, 483, 506, 34, and 120-B of the IPC, sought bail after being in custody for over 4 years. Only 5 out of 21 witnesses had been examined in that period – Held: The right to speedy trial under Article 21 of the Constitut...

Criminal Law – Negotiable Instruments Act – Section 138 – Complaint for dishonor of cheques under Section 138 of the NI Act – The petitioner, residing outside the territorial jurisdiction, argued that the Magistrate should have conducted an inquiry under Section 202 CrPC before issuing summons – Held: Under Section 145 of the NI Act, evidence of the complainant can be...

Suspension of Sentence – Section 389 of the CrPC – Suspension of Fine Allowed – The respondent’s sentence, including a fine of Rs.95,00,000, was suspended by the High Court pending appeal – Held: Section 389 of the CrPC empowers the appellate court to suspend both the sentence of imprisonment and the fine – The High Court’s suspension of the fine was valid...

Criminal Law – Murder – Acquittal – Appeal Against Acquittal – The appellants were convicted by the Trial Court for the murder of the deceased, Naseem Khan, under Section 302 IPC read with Section 34 IPC, based on testimonies of the deceased’s family members as eyewitnesses and corroborative medical evidence – Upon appeal, the High Court reversed the conviction,...

Criminal Procedure – Application under Section 482 Cr.P.C. – Petitioners sought quashing of the charge-sheet, cognizance order, and ongoing proceedings – Allegation of dismantling boundary marks and issuing threats – Contention that the dispute was civil in nature and the criminal proceedings were initiated as a form of harassment – Impugned cognizance order issued on...