Married Daughter Cannot Be Excluded From Compassionate Appointment Solely On The Ground Of Marriage: Chhattisgarh High Court Allahabad HC Condemns Lawyers Seeking Adjournments To Attend District Courts Inherent Powers Under Section 151 CPC Cannot Be Invoked For Restoration Of Possession When Statutory Remedy Of Restitution Exists: Calcutta High Court Invoke Preventive Detention Laws Against Sand Mining Kingpins: Supreme Court Directs ED Probe To Protect Chambal Sanctuary Res Judicata Bars Pendente Lite Purchaser From Re-Agitating Impleadment Under Order XXII Rule 10 CPC If Rejected Under Order I Rule 10: Supreme Court Consumer Complaints Can Continue Against Promoters & Co-Developers Even If Corporate Debtor Is Under IBC Moratorium: Supreme Court IBC Moratorium Protects Only Corporate Debtor, Does Not Bar Consumer Complaints Against Promoters & Directors: Supreme Court Vehicle Registration Certificate Relevant But Not Conclusive For Deciding Interim Custody Under Section 451 CrPC: Supreme Court Lawyer Has No Unqualified Right To Continuous Presence During Entire Interrogation Under Section 38 BNSS: Supreme Court Mandating Continuous Videography Of Accused During Transit Is Unworkable, May Lead To Unfounded Allegations: Supreme Court Centre Introduces FCRA Amendment Bill 2026: Proposes Vesting Of Defunct NGO Assets In 'Designated Authority', Mandates Prior Nod For Probe Written Communication Of Grounds Of Arrest Not Mandatory For Arrests Prior To SC's 'Mihir Rajesh Shah' Judgment: Orissa High Court Passing Ex-Parte Maintenance Order Without Verifying Status Of WhatsApp Or Email Notice Violates Natural Justice: Madhya Pradesh High Court Training ChatGPT On Copyrighted News Is 'Fair Dealing', Does Not Amount To Infringement: Delhi High Court Refuses To Enjoin OpenAI Mere Reproduction Of Evidence Can Never Be Equated With Appreciation: Karnataka High Court Quashes Penalty Against Govt Employee Accused Cannot Repeatedly Send Cheque To FSL Till Favourable Report Is Obtained: Kerala High Court In NI Act Case Succession Certificate Cannot Be Issued For Gold Jewels Pledged With Bank, Applies Only To Debts And Securities: Madras High Court Order 11 Rule 14 CPC | Court Cannot Direct Production Of Documents Without Ascertaining They Are In Party's Possession: Calcutta High Court Undertrial Prisoners Don't Suffer 'Civil Death', Retain Fundamental Right To Alienate Property From Jail: Rajasthan High Court Direction For Reasonable Annual Enhancement Of Maintenance Under Section 125 CrPC Merely Preserves Its Real Value Against Inflation: Delhi High Court Testimony Of Sole Interested Witness Must Be Of 'Sterling Quality' To Base Conviction: Patna High Court Acquits Murder Convict Failure To Communicate Written Grounds Of Arrest Renders Arrest Constitutionally Infirm, Accused Entitled To Bail: Punjab & Haryana High Court Section 482 CrPC Petition Not Maintainable Against Order Framing Charge Under SC/ST Act, Appeal Lies Under Section 14A: Tripura High Court

"CRIMINAL LAW" Digest

Criminal Law - Criminal Conspiracy – Standard of Proof – Acquittal of Accused – The prosecution’s case alleged a conspiracy to facilitate a jailbreak by smuggling explosive materials into Burail Jail. Witnesses turned hostile, key incriminatory evidence such as communication devices were unrecovered, and contradictions in arrest dates created doubt. Held: Prosecution failed...

Delayed FIR – Impact on Credibility – FIR Quashed - The FIR, filed more than three years after the alleged interview, lacked explanation for delay – Court held that unexplained delays in filing FIRs often lead to embellishment, weakening the authenticity of the allegations – FIR quashed as per Supreme Court’s guidance in Manoj Kumar Sharma v. State of Chhattisgarh, (2...

Criminal Law – Appeal in UAPA Case – Limitation – High Court jurisdiction to condone delay – The appellant challenged the High Court’s jurisdiction to condone delay in filing an appeal against a declining order on a bail application under the Unlawful Activities (Prevention) Act (UAPA) – Proviso to Section 21(5) of the NIA Act explicitly mandates a 90-day limita...

Negotiable Instruments Act – Compounding of Offence – Joint Compromise Memo Filed – The petitioner was convicted under Section 138 of the NI Act for dishonor of a cheque for ₹20,00,000/-. During the pendency of the Criminal Revision, the parties amicably resolved the matter through a joint compromise memo, agreeing to settle the dispute for ₹19,00,000/-. The Court, exercising...

Criminal Law – Attempt to Rape – Section 376/511 IPC – Conviction Altered to Section 354 IPC – The appellant challenged the conviction under Section 376/511 IPC on the grounds that the evidence did not substantiate the charge of attempted rape. The appellant argued that no offence under Section 376/511 IPC was made out as the act did not proceed beyond preparation. The pros...

Constitutional Law – Right to Liberty – Habeas Corpus – Arrest and Remand – Petitioner challenged the arrest and judicial remand of his son (detenue) under Sections 61(2), 196, 352, 353(2) of BNSS and Section 67 of the IT Act – Grounds of arrest allegedly not furnished in writing as mandated under Article 22(1) of the Constitution and Supreme Court’s judgment in...

Negotiable Instruments Act – Section 138 – Maintainability of Complaint – Complaint Filed by Power of Attorney Holder – Quashing of Summons and Complaint – Sole Proprietor Authorised Manager to File Complaint – Trial Court Issued Summons Based on Sufficient Evidence – High Court Quashed Complaint on Grounds of Lack of Explicit Averments Regarding Personal ...

Criminal Law – Quashing of Criminal Proceedings – Settlement Between Parties – FIR registered against appellants for offenses under Sections 409, 420, 120B IPC, and Section 13(2) r/w Section 13(1)(d) of the Prevention of Corruption Act, 1988 – Alleged fraud, cheating, and diversion of loan funds causing public exchequer losses – Settlement and closure of DRT proceedin...

Criminal Law – Circumstantial Evidence – Acquittal – Accused convicted under Sections 363, 302, and 201 IPC for kidnapping and murder of a minor child and concealment of evidence – Prosecution case based entirely on circumstantial evidence – Last seen theory and recovery of skeleton on the accused’s pointing out were pivotal – Chain of evidence found incom...

Criminal Law – Quashing - Abuse of Process – Multiple FIRs arising from the same incident – Quashing of Police Reports – Allegations of wrongful restraint, injury, and offenses under Sections 354, 354-B, 354-D IPC – FIR No. 20/2024 filed by Ajay Kumar Sareen against Rohit Krishan Bhat alleging assault – FIR No. 24/2024 filed by Ragini Rajput against Ajay Kumar S...