After Admitting Lease, Defendant Cannot Turn Around and Call It Forged—Contradictory Stand at Advanced Trial Stage Impermissible: Punjab & Haryana High Court Dismisses Revision Against Rejection of Amendment Plea Dismissed Employee Has No Right to Leave Encashment Under Statutory Rules: Punjab and Haryana High Court Section 13 of Gambling Act Is Cognizable — Magistrate Can Take Cognizance on Police Report: Allahabad High Court Clarifies Surveyor’s Report Not Sacrosanct, Arbitral Tribunal Has Jurisdiction to Apply Mind Independently: Bombay High Court Dismisses Insurer’s Challenge to Award in Fire Damage Dispute Anti-Suit Injunction in Matrimonial Dispute Set Aside: Calcutta High Court Refuses to Stall UK Divorce Proceedings Filed by Wife Res Ipsa Loquitur Not a Substitute for Proof of Negligence: Delhi High Court Affirms Acquittal in Fatal Road Accident Case NSA Detention Doesn’t Bar Framing of Charges If Prima Facie Evidence Exists: Punjab & Haryana High Court Upholds Charges in Ajnala Police Station Violence Case Continued Contractual Service Despite Sanctioned Posts Is Unfair Labour Practice: Orissa High Court Orders Regularization Of ECG Technicians After 15 Years Will Duly Proved Even If Witnesses Forget Details After Eight Years: Madras High Court Validates Bequest, Sets Aside Partition Decree Writ Petition Not Maintainable Where Commercial Appeal Remedy Exists: Karnataka High Court Dismisses Petition, Permits Conversion Under Commercial Courts Act Circumstantial Evidence Must Be Cogent, But Caste-Based Offences Demand Specific Intent: Supreme Court Draws Line Between Heinous Crimes and Caste Atrocities Court Must Step into Testator’s Shoes, Not Substitute His Intent: Supreme Court Upholds Will Excluding One Daughter Production of Arbitration Clause is Enough - Not Conduct Mini-Trials on Capacity or Consortium Structure: Supreme Court Title to Property Must Be Proven by Evidence, Not Just Claimed by Deed: Supreme Court Strikes Down Injunction Order Rejecting Police Investigation Is Not Interlocutory Where It Affects Complainant’s Right to Fair Probe in Murder Case: Madhya Pradesh High Court Restores Revision in 156(3) Application Rejection Conviction Cannot Rest On Contradictions, Hostility And Conjecture: Supreme Court Acquits Seven Accused In 2010 Village Murder Power to Lower NEET Percentile Lies Only With Centre - States Can’t Dilute NEET by Administrative Letters: Supreme Court Imposed 10 Crore Cost On Private Dental College Identification Without TIP, Electronic Records Without 65B Certificate – Conviction Set Aside: Patna High Court Nothing Inflicts A Deeper Wound On Our Constitutional Culture Than A State Official Running Berserk Regardless Of Human Rights: Jharkhand High Court Orders ₹1.5 Lakh Interim Compensation Identification Vitiated, Diamonds Not Produced, Last Seen Theory Unreliable: Bombay High Court Acquits Two in 2011 Diamond Courier Murder Dishonour Due to ‘Account Blocked’ Not Attributable to Drawer—No Offence Under Section 138 NI Act: Delhi High Court Quashes Criminal Proceedings Presumption Under Section 139 NI Act Cannot Be Rebutted By Mere Assertions: Delhi High Court Affirms Conviction In 32-Year-Old Cheque Bounce Case Accused Cannot Demand Documents During Investigation Merely to Assist in Answering Queries: Delhi High Court Upholds Dismissal of S.91 CrPC Plea in Bank Fraud Probe Once a Person is a Major, They Are Free to Choose Their Partner – Absence of Marriage No Ground To Deny Protection: Allahabad High Court Connivance Can’t Be Washed Away by Exoneration: P&H High Court Upholds Penalty on Forest Guard Despite Enquiry Clean Chit Disciplinary Authority Cannot Override Enquiry Officer’s Clean Chit Without Hearing the Employee: Madhya Pradesh High Court Remands Termination for Procedural Lapse Appointment Secured by Misstating Marks Is Void Ab Initio; Human Error No Excuse Where Advantage Gained: Allahabad High Court Appeal Maintainable Despite Modified MACT Award — Kerala High Court Clarifies Scope of Appellate Review in Motor Accident Claims Signature Alone Doesn’t Prove Debt: Kerala High Court Upholds Acquittal in Cheque Bounce Case, Rejects Blanket Presumption Under Section 139 NI Act

"CRIMINAL LAW" Digest

Criminal Law - Quashing of FIR - Section 482 Cr.P.C. - Criminal petition for quashment of FIR under Sections 377, 498-A, 294, 506 IPC - Allegations include unnatural sex, dowry demand, and harassment - Petitioner argues the allegations are false, motivated by matrimonial discord, and supported by insufficient evidence - Court analyzes the amended definitions of rape and considers marital exception...

Criminal Law – Appeal Against Acquittal – State appealed against the acquittal of Bhikhabhai Punjabhai Solanki and others by the Additional Sessions Judge, Kheda, Camp at Anand - The case involved the death of Vitthalbhai due to alleged assault by respondents on suspicion of illicit relationship - Prosecution's case primarily hinged on the testimony of sole eyewitness PW-1 Sureshbh...

Criminal Law – Abetment of Suicide – Quashing of FIR - Application under Section 482 Cr.P.C. to quash FIR and charge-sheet for offences under Sections 306 and 34 IPC. FIR filed following husband’s suicide allegedly due to wife’s FIR under Sections 498-A, 406, 294, 506 IPC and Sections ¾ Dowry Prohibition Act. Held that lodging an FIR against in-laws for cruelty canno...

Constitutional Law – Article 226 – Writ of Mandamus – Petitioners seeking police protection from petitioner No.1’s family and protection for attending marriage registration under Special Marriage Act – Held – Marriage between a Muslim man and a Hindu woman under Special Marriage Act does not validate the marriage under personal laws, which consider such marriage...

Criminal Law - Quashing of FIR and Charge-Sheet – Petition for quashing FIR registered under Sections 420, 467, 468, 471, 120-B of IPC, and relevant sections of the Mahatma Gandhi Rashtriya Gramin Rozgar Guarantee Adhiniyam 2005 – FIR related to misuse of JCB machine for manual labor work under MGNREGA – Petitioner retired and no charge-sheet filed – Provisions of Rule 9(3)...

Criminal Law – Acquittal in Case of Alleged Dowry Death and Cruelty – Appeal by State Dismissed – The High Court of Gujarat dismissed the State’s appeal against the acquittal of the accused for offences under Sections 302, 498(A), 306, 304(B), and 114 of the Indian Penal Code. The Court held that the prosecution failed to establish a direct cause linking the alleged cruelty...

Criminal Law – Acquittal under Sections 395 and 397 IPC and Section 135 of the Bombay Police Act upheld by the High Court - Burden of Proof and Standard of Evidence – The appeal challenged the acquittal of respondents accused of robbery and causing hurt with deadly weapons. The prosecution relied heavily on a test identification parade (TIP) conducted eight months post-incident and the...

Criminal Law – Appeal Against Acquittal – Section 378 of Cr.P.C. – Appeal by the State challenging acquittal by the trial court. The trial court acquitted the accused for offences under Sections 323, 504 read with Section 114 of IPC, Section 3(1)(x) of the Atrocities Act, and Section 135 of the Bombay Police Act. The High Court upheld the trial court’s judgment, finding no ...

Criminal Procedure - Petition to quash proceedings under Sections 3 to 5 of the Immoral Traffic (Prevention) Act and Section 370(A)(2) of IPC - Petitioner, accused as a customer in a brothel raid, seeks relief citing non-applicability of charges - Analysis hinges on distinctions between customers and traffickers/exploiters in law - Court distinguishes roles based on previous judgments and specific...

Passport Law – Renewal of Passport – Special Criminal Application seeking renewal of passport – Applicant’s passport renewal denied by passport authority due to pending criminal case and untraceable court records – Court held that the pendency of a criminal complaint which culminated into a criminal case does not justify refusal of passport renewal under Section 6(2)(...