Delhi High Court Frames Criminal Contempt Charges Against Advocate For Scandalizing Judge On LinkedIn After Cyber Cell Traces IP Logs Testimony Of Partially Hostile Witnesses Can Be Relied Upon If Corroborated: Delhi High Court Upholds Police Officer's Conviction Subordinate Engineers Entitled To Non-Functional Upgradation Even If Level 8 Reached Via MACP: Supreme Court FEMA Adjudicating Authority Cannot Overrule Competent Authority's Refusal To Confirm Asset Seizure: Supreme Court Candidate Cannot Claim Lower Preference Post After Securing First Choice Under Merit-Cum-Preference System: Madhya Pradesh High Court Official Cannot Escape Corruption Trial Merely Because 90% Payment Was Made Prior To His Joining: Calcutta High Court Employee Who Evades Cross-Examining Witnesses Cannot Later Claim 'No Evidence' In Departmental Enquiry: Andhra Pradesh High Court Fictitious Or Non-Genuine Revenue Entries Cannot Confer Adhivasi Rights Under UP Zamindari Abolition Act: Allahabad High Court Calcutta High Court Quashes Termination Of Compassionate Appointee Over Age Dispute, Says Such Claims Cannot Be Kept Pending Indefinitely Alleged Custodial Torture Does Not Automatically Attract Contempt Under 'D.K. Basu' Unless Specific Arrest Guidelines Are Violated: Gujarat High Court Authority Cannot Act As 'Judge In Own Cause'; Himachal Pradesh High Court Quashes Distillery License Cancellation Over Procedural Impropriety Financial Corporations Have Absolute Power To Fix Employee Pay, Prior State Govt Approval Not Required: Jharkhand High Court 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 Catastrophic To Allow Law To Take Its Own Course: MP High Court Quashes POCSO, BNS FIR After Victim And Accused Marry No Presumption Under Section 20 PC Act Without Proof Of Demand And Acceptance: Telangana High Court Quashes Case Against Sub-Inspector Attack On Judicial Officers Is Criminal Contempt; Supreme Court Orders CBI/NIA Probe Into West Bengal Incident Prolonged Physical Relationship By Educated Woman Amounts To 'Promiscuity', Not Rape Induced By Misconception Of Fact: Punjab & Haryana High Court Father Cannot Escape Duty To Maintain Minor Children Merely Because Mother Earns Substantial Income: Uttarakhand 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

"CRIMINAL LAW" Digest

Anticipatory Bail – Delay in FIR Registration – The petitioner sought anticipatory bail after being accused of theft under Section 380 IPC. The Court observed that there was an inordinate delay in registering the FIR, which was explained by the de-facto complainant on the grounds that the petitioner’s mother had promised to return the stolen ATM card and money – Held: The d...

Civil Law – Res Judicata – Consolidated Suits and Appeals – Appeal dismissed due to res judicata – The appellant challenged the judgment of the First Appellate Court in two consolidated suits concerning property rights and easementary claims. The Court held that, due to the dismissal of a related appeal (RSA No. 278 of 1995) for default, the principle of res judicata applie...

Criminal Law – Bail Application – Charges under IPC and POCSO Act – Appellant arrested under Sections 354(D), 506, 363, 366, 376, 511, and 34 IPC, and Sections 7/8 and 11/12 of the POCSO Act – High Court rejected bail due to seriousness of the charges and age of the victim – Supreme Court grants bail considering the appellant’s young age and fact that the victim...

Criminal Law – Quashing of FIR – Offence under Section 307 IPC – Petitioners sought quashing of FIR registered under Sections 148, 149, 323, 341, 506, and 307 IPC on the basis of a compromise with the aggrieved parties – FIR related to a fight in which grievous injuries were alleged – Aggrieved persons consented to quashing the FIR and confirmed the genuineness of the...

Money Laundering – Discharge Application – Prima Facie Case Established – The petitioner, a trustee of the All India Overseas Bank Employees Union Trust, sought discharge from a money laundering case under the PMLA, contending no involvement in the administration of the trust's funds. The Court held that the allegations, including siphoning of funds from union members and pro...

Criminal Law – NDPS Act – Compliance with Section 50 – Search and Recovery Validated – The appellant was convicted for possession of 0.4 grams of LSD, found in 30 square-shaped pieces. The appellant argued that the mandatory provisions under Section 50 of the NDPS Act were violated, particularly that he was not informed about his right to be searched before a Gazetted Offic...

Criminal Law – Murder Conviction – Reduction of Sentence – Appellants convicted for murder under Section 302 read with Section 34 IPC for stabbing the deceased with a knife – Trial court sentenced them to life imprisonment – High Court upheld the conviction and sentence – Supreme Court finds that the incident occurred in a sudden quarrel and there was no premedi...

Criminal Law - Externment Proceedings – Scope of Judicial Review – Section 47 of Delhi Police Act – The petitioner challenged an externment order issued under Section 47 of the Delhi Police Act for involvement in bootlegging and other criminal activities. The court observed that externment is not a punitive measure but preventive, aimed at ensuring public safety. Judicial review ...

Murder – Criminal Liability – Conviction for Murder under Section 302/34 IPC – Life Imprisonment – The appellants were convicted for the murder of the deceased, who was assaulted with a knife – The primary appellant, Diplal Rai, was found guilty beyond reasonable doubt based on consistent eyewitness accounts from the deceased’s daughters (P.W.-3 and P.W.-5) &nda...

Criminal Law – Conviction Reversal – Acquittal – The appellants were convicted by the High Court for abduction and murder under Sections 364/34 and 302/34 IPC – The Supreme Court reversed this conviction, holding that the High Court erred in overturning the Trial Court's acquittal of two accused (A-6, A-7) – The High Court’s decision lacked proper reasoning ...