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

Compassionate Appointment – Rejection of Application – Petitioner’s husband died in 2008 while employed with Food Corporation of India – Petitioner applied for a compassionate appointment soon after but faced rejection and subsequent delays in processing her applications – High Court held that compassionate appointment is not a matter of right but a concession meant t...

Criminal Law – Conviction and Acquittal – Appellants convicted under Section 302 read with Section 34 IPC by the Sessions Court – Appeal in High Court – Examination of circumstantial evidence and recovery of weapons – High Court found no substantive link between appellants and crime – No credible last seen evidence – Absence of disclosure statements for re...

Criminal Procedure – Quashing of FIR – Petition under Section 482 Cr.P.C. to quash FIR for cheating and conspiracy lodged based on allegations of fraudulent misrepresentation by organizers of an education centre regarding the recognition of an educational course – Supreme Court guidelines on quashing FIRs discussed, specifically in the context of misrepresentations about universi...

Constitutional Law – Right to Life and Personal Liberty – Petitioners, fearing threats from private respondents after marrying against their wishes, seek protection under Article 21 – Court finds it appropriate to provide temporary police protection without adjudication on the merits of the threat perception – Police protection granted for one week, extendable on a day-to-d...

Criminal Law – Quashing of FIR – Petition under Section 482 CrPC to quash FIR under Sections 376 and 420 RPC – Allegations involve fraudulent marriage and subsequent physical relations under false pretenses – Court finds no prima facie case against petitioners Nos. 1 & 2 (parents of petitioner No. 3) – FIR quashed against them, while continuing against petitioner ...

Criminal Law – Jurisdiction of CJM and Police Station – Writ petition challenging FIR for offenses under Sections 304(II), 420, 409, 467, 468 RPC – Complaint initiated by respondent No.3 before CJM Jammu, alleging insurance fraud and failure to process claim leading to the death of the insured in Switzerland – CJM directed SHO Police Station Gandhi Nagar, Jammu to register ...

Transfer of Criminal Complaint – Jurisdiction under Section 138 of the Negotiable Instruments Act, 1991 – Petition filed by accused for transfer of complaint related to dishonoured cheque from Fazilka to Chandigarh, claiming that complainant’s bank account is maintained at Chandigarh – Controversy over actual maintenance location of the bank account whether at Chandigarh or...

Criminal Law – Conviction for Dacoity – Appellants convicted under Section 395 IPC for involvement in dacoity at M/s. Rajlakshmi Jewellers, armed with daggers and revolvers, taking valuables worth about Rs.1.5 crores – Trial court sentenced to life imprisonment, based on collective actions with other accused, more than five in number – High Court reviewed and upheld the con...

Constitutional Law – Right to Life and Liberty – Live-in Relationship – Protection from Threats – Criminal Writ Petition under Article 226 of the Constitution of India – Petitioners, a couple in a live-in relationship, sought protection from threats by relatives. Citing previous judgments, the court emphasized the fundamental right to life and liberty under Article 21...

Criminal Law – Quashing of Proceedings – Vicarious Liability – Application under Section 482 Cr.P.C. filed by Azim Premji seeking quashing of complaint proceedings and related orders. The complaint involved alleged violations of the Equal Remuneration Act, 1976, by G4S Secure Solutions (India) Pvt. Ltd., a third-party security service provider for Wipro Ltd. The applicant, as Cha...