Custodial Interrogation Not Required For Police Inspector Accused Only Of Illegal Confinement Prior To Victim's Death: Karnataka High Court Divorced Wife Entitled To Maintenance; Mere Earning Capacity Not A Bar: Orissa 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 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

Prisoner Rights – Unconvicted and Civil Prisoners – Writ of Mandamus sought to ensure facilities for unconvicted criminal prisoners and civil prisoners regarding interviews and communication with legal advisers – Petitioner, a practising advocate, sought enforcement of facilities as per Rule 541 of Tamil Nadu Prison Rules, 1983 – Court acknowledged the need for reasonable f...

Abetment of Suicide – Non-payment of Dues – Petitioners alleged to have abetted the suicide of the deceased by not paying outstanding amounts owed to him – The deceased committed suicide and named the petitioners in his suicide note – Held: Mere refusal to repay debts or non-payment of dues, without any overt act of instigation or intentional aiding, does not constitute abe...

Criminal Law – Quashing of FIR – Section 482 of CrPC – The petitioner sought quashing of proceedings under Sections 324, 294(b), and 506(i) of IPC, citing parity with a previous order in a similar case where charges were reduced to Section 323 IPC – The petitioner argued that since both cases arose out of the same incident, the same relief should be granted – Held: Th...

Criminal Law – FIR Quashing – HDFC Bank officials accused of violating a restraining order under Section 132(3) of the Income Tax Act, 1961 – FIR registered for offenses under Sections 34, 37, 120B, 201, 206, 217, 406, 409, 420, and 462 IPC – High Court dismissed the writ petition to quash the FIR – On appeal, Supreme Court held that the allegations did not prima faci...

Criminal Procedure – Maintenance – Ex Parte Order – Non-Compliance with Section 126(2) Cr.P.C. – The petitioner-husband sought to set aside the ex parte order of maintenance passed against him, arguing that the Family Court did not provide him with an opportunity to be heard and no proper notice of hearing was served – Held: The Family Court failed to establish that t...

Murder Case – Conviction under Section 302 r/w 34 IPC – Discrepancies in FIR and Witness Statements – Conviction Upheld - The appellants were convicted for murder based on the testimony of eyewitnesses and evidence linking the blood-stained weapons recovered from the appellants to the deceased. The defense argued discrepancies in the timing of the FIR, contradictions in the accid...

Criminal Law – Identification of Accused in Poor Lighting – Doubts on Accuracy – The incident took place during the dark night of 24/25 May 2004, and the prosecution relied on eyewitnesses who claimed to have identified the accused in the light of torches and a lantern – The Court found that the lantern was not recovered, and torches were not produced before the trial court...

Maintenance – Revision of Maintenance Order – Petitioner challenged the Family Court’s order to pay Rs. 30,000 per month as maintenance to his estranged wife – Contention included existing maintenance obligations totaling Rs. 22,000 per month and his deteriorating health and income capacity – High Court modified the maintenance to Rs. 15,000 per month – Emphasiz...

Anticipatory Bail – Allegations of Conspiracy and Forgery – Business Dispute – Petitioners granted anticipatory bail – Accusations against petitioners of conspiracy, forgery, and extortion arising from disputed business transactions related to reconstitution of a partnership firm and sale of property – The Court found the allegations to primarily stem from a civil dis...

Narcotic Drugs – Possession of Poppy Husk – Section 15 NDPS Act – Appeal Against Conviction – Evidence Required – The appellant was convicted under Section 15 of the NDPS Act for possessing 11 quintals and 88 kilograms of poppy husk – The primary ground for appeal was the failure of the prosecution to produce key evidence, such as the examined cloth sample parce...