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 Complaint and Summoning Order – Petition under Section 482 CrPC – Allegations of substandard fertilizer against dealer and others – Samples taken from sealed and properly stored fertilizer bags – Held dealer not liable for substandard fertilizer as responsibility lies with manufacturer – Complaint and summoning order quashed. [Paras 1-...

Criminal Law – Acquittal Appeal – Counterfeit Currency – Criminal appeal by the State against the acquittal of the accused for offences under Sections 489(A), 489(B), 489(C), 489(D), 34, and 171 read with Section 114 IPC. The State contended that the trial court erred in not properly appreciating the evidence. The High Court found that the prosecution failed to prove mens rea and...

Criminal Law – NDPS Act – Conviction for Possession of Poppy Husk – Appeal against conviction under Section 15 NDPS Act – Appellant argued improper handling of evidence and lack of primary evidence due to destruction of examined sample cloth parcels – High Court found non-compliance with statutory procedures for certifying and retaining evidence – Inventory and ...

Bail – Section 439 Cr.P.C. – NDPS Act – Prolonged Custody and Delay in Trial – Bail applications by petitioners arrested with 23600 tablets of Tramadol Hydrochloride. Petitioners in custody since 27.11.2020, with trial progress minimal, citing only 3 out of 13 witnesses examined over 3.5 years. Held: Prolonged incarceration violates Article 21 of the Constitution. Supreme C...

Criminal Law – Quashing of FIR and Charge-Sheet – Special Criminal Application filed under Article 226 of the Constitution of India read with Section 482 of the Cr.P.C. – Applicant accused of obtaining previous sanction for property sale in disturbed area through alleged fraudulent means – FIR filed under various sections of IPC and Disturbed Areas Act – Held that cer...

Abetment of Suicide - Examination of abetment under Section 306 IPC – Suicide allegedly instigated by petitioners due to financial pressures – FIR based on a suicide note naming the petitioners as contributors to the deceased's stress due to monetary transactions – Court concludes lack of substantial evidence of intentional inducement or pressure amounting to abetment to comm...

Criminal Law – Bail application – Regular bail granted based on parity with co-accused who was previously granted bail – FIR involved charges under various sections of IPC and CGST Act related to economic offenses including evasion of tax and forgery – Previous judgments emphasized that bail is the rule and jail the exception, stressing the importance of fair trial and libe...

Bail Application – Narcotic Drugs and Psychotropic Substances (NDPS) Act – Application under Section 439 of the Cr.P.C. for regular bail in case registered under various sections of the NDPS Act, involving the recovery of 230 kg of poppy husk – Petitioner neither driver nor owner of the truck; co-accused granted bail – Prolonged incarceration without charge framing or witne...

Criminal Law – Dishonor of Cheque – Cheques issued as security under employment contracts – Petitioners sought quashing of criminal proceedings under Section 138 of the Negotiable Instruments Act, arguing no subsisting legal debt or liability at the time of the cheque issuance – High Court held proceedings should continue as the question of the validity of contracts and enf...

Revision under Article 227 against order denying adjournment for expert cross-examination – Challenge against Trial Court’s order dated 16.04.2024 dismissing adjournment application for cross-examining Dr. Jassy Anand (PW-7), a forensic expert engaged to compare signatures/thumb impressions in property transaction documents – Supreme Court previously granted only one opportunity ...