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

"CRIMINAL LAW" Digest

Facts: An advocate, not connected to the criminal proceeding in any capacity, filed an application under Section 482 of the Cr.P.C., urging the court to expedite the trial of an accused facing charges under the IPC and the Prevention of Corruption Act. The advocate identified themselves as a social activist while submitting the said application. Issues: Whether a third party, devoid...

Facts:  The appellant's daughter died an unnatural death, and the respondent-accused claimed it to be a suicide. However, the appellant lodged an FIR alleging that his deceased daughter was pressurized to bring money, and he had paid money on several occasions to the in-laws of the deceased. The Session Judge noted an incident where the deceased was allegedly assaulted by her in-laws, ...

Facts: The case involved an appeal challenging the denial of anticipatory bail to the appellant, who was the mother-in-law of a Muslim woman to whom triple talaq was pronounced by her husband. The appellant was accused under the provisions of Section.498A of the Indian Penal Code based on vague and general allegations in the FIR. Issues: Whether the provisions of Section.7(c) of the M...

Facts: The case revolves around an incident where the accused appellant and the main accused, Khilai, were involved in a quarrel with the complainant. During this altercation, Khilai fired a country-made pistol, injuring the complainant. The prosecution alleged that the accused appellant had a common intention with Khilai to murder the complainant.   Issues: Whether there was a...

False Statements in Writ Petition – Premature Release – Misrepresentation of Facts – The writ petition claimed that all four petitioners had completed 14 years of actual imprisonment without remission – The State's counter affidavit revealed that petitioners no. 2 and 4 had not completed 14 years of actual sentence – False assertions were made in both the petition...

Criminal Law – Sections 302, 304 Part I of IPC – Nature of Offence – Modified Conviction – The appellants were initially convicted under Section 302 read with Section 34 of the IPC for the murder of the deceased during a quarrel – The Court held that there was no prior intention to murder, as the assault arose out of a spontaneous altercation – The first quarrel...

Bail Cancellation – Alleged Violation of Conditions – Matrimonial Dispute – The petitioner sought the cancellation of bail granted to respondent No.2, alleging that he had violated bail conditions by threatening her – Held: The alleged violation pertained to a separate incident for which an FIR was filed belatedly, and respondent No.2 had complied with the bail conditions p...

Maintenance – Assessment of Income – Section 125 CrPC – Income Assessed on Basis of Minimum Wages – Maintenance Awarded – The petitioner claimed that his income was incorrectly assessed as ₹16,000 per month by the Family Court, which relied on Delhi's minimum wage standards despite the petitioner being employed in Uttar Pradesh. Held: In matrimonial disputes, pa...

FACTS: The appellant, Gangadhar alias Gangaram, was convicted under the NDPS Act for the recovery of 48 Kgs 200 gms of cannabis (ganja) and sentenced to 10 years of rigorous imprisonment. The lower courts held the appellant to be the owner of the house from where the contraband was recovered, rejecting his defense that he had sold the house to a co-accused. The appellant produced a sale a...

Criminal Law – Conviction Based on Identical Evidence – Principle of Parity – The appellant was convicted for facilitating the issuance of a second passport to accused No.1, while other co-accused, who faced similar charges, were acquitted – Supreme Court held: When two accused face identical or similar charges and evidence, one cannot be convicted while the other is acquit...