No Work No Pay Is Not a Universal Rule: Punjab & Haryana High Court Dock Identification Without Prior TIP Is Absolutely Useless: P&H High Court Upholds Acquittal in Attempt to Murder Case Filing Forged Court Pleadings in Union Government’s Name is Criminal Contempt: Karnataka High Court Sentences Litigant to Jail Execution of Will Proved, But Probate Justly Denied Due to Concealment of Property Sale: Delhi High Court Mere Designation Doesn’t Establish Criminal Liability: Bombay High Court Quashes Proceedings Against ICICI Officials in Octroi Evasion Case Law of Limitation Binds All Equally, Including the State: Allahabad High Court Dismisses Review Petition with 5743 Days’ Delay Once Selected, All Are Equals: Allahabad High Court Slams State for Withholding Pay Protection From Later Batches of Ex-Servicemen Constables Non-Compliance With Section 42 of NDPS Act Is Fatal to Prosecution: Punjab & Haryana High Court Acquits Two Accused In 160 Kg Poppy Husk Case Identification Vitiated, Diamonds Not Produced, Last Seen Theory Unreliable: Bombay High Court Acquits Two in 2011 Diamond Courier Murder Deposit of ₹5100 Crores Brings Quietus to Entire Criminal Web of Proceedings: Supreme Court Exercises Extraordinary Powers to Quash All Cases Against Hemant Hathi in Landmark Settlement-Driven Order Presumption Under Section 139 Can't Be Rebutted Pre-Trial: Supreme Court Restores Cheque Bounce Complaint Quashed By Patna High Court Supreme Court Invokes Article 142 to End Discrimination Against Ad-Hoc Employees in Allahabad High Court: Orders Reinstatement and Regularization Supreme Court Declares CSR a Constitutional Duty to Protect Environment: Orders Undergrounding of Powerlines in Great Indian Bustard Habitat A Minor’s Sole Testimony, If Credible, Is Sufficient for Conviction: Supreme Court Upholds Child Trafficking Conviction Under IPC and ITPA You Can’t Invent Disqualifications After the Bid: Supreme Court Holds Joint Venture Experience Can’t Be Ignored in Tenders High Court Can't Re-Appreciate Evidence or Rewrite Contract to Set Aside Arbitral Award: Supreme Court Reinstates Award Under Quantum Meruit Once Arbitration Invoked, Criminal Prosecution Cannot Be Weaponised in Civil Disputes: Supreme Court Quashes FIR Against Former Director in Rent Row Section 319 CrPC | Pursuing Legal Remedies in Higher Forums Is Not ‘Evasion of Trial’; Custody Not Required for Summoned Accused: Supreme Court Order 21 Rule 90 CPC | Undervaluation or Procedural Lapses Constitute ‘Material Irregularity’, Not ‘Fraud’; Separate Suit to Bypass Limitation Impermissible: Supreme Court Order 21 CPC | Separate Suit Challenging Auction Sale Barred for Pendente Lite Transferees; Remedy Lies in Execution Proceedings: Supreme Court Non-Signatories Cannot Force Arbitration: Supreme Court Blocks Claim by Sub-Contractor Against HPCL Resignation Forfeits Pension Rights, But Gratuity Is Statutory: Supreme Court Partly Allows Appeal of DTC Employee’s Legal Heirs Appellate Courts Can’t Blanket-Exempt Convicted Directors from Deposit under NI Act Merely Because Company Wound Up: Supreme Court Refers Interpretation of Section 148 to Larger Bench Inordinate Delay Cannot Be Condoned Without Reasons: Supreme Court Slams Madhya Pradesh High Court for Casual Approach in Condoning 1612 Days’ Delay Constitutional Rights & Witness Protection | State Authorities Cannot Victimise Litigants for Approaching Court: Supreme Court Review Jurisdiction is Not an Appeal in Disguise: Supreme Court Dismisses Konkan Railway’s Plea Over Employee’s Resignation Withdrawal Agreement to Sell Does Not Create Any Right in Property, Hence No Right to Compensation on Acquisition: Allahabad High Court Sexual Harassment Complaint Can Be Inquired by ICC at Woman’s Workplace Even if Accused Works Elsewhere: Supreme Court Settles Jurisdiction Under POSH Act Mandate Expired, Arbitrator Functus Officio: Supreme Court Orders Substitution After Delay in Arbitral Award

"CRIMINAL LAW" Digest

Criminal Law – Conviction under Section 420 IPC and Section 138 of the Negotiable Instruments Act, 1881 – High Court finds conviction under Section 420 IPC not sustainable due to lack of evidence of dishonest intention at the inception of transaction – Complaint under Section 138 of N.I. Act found to be premature – Convictions set aside with liberty to complainant to file f...

Criminal Procedure – Anticipatory Bail – Denial of bail due to significant evidence indicating siphoning of funds – Petitioners Ashok Kumar Sahni and Supriya Nakra accused of redirecting Rs.2.02 crores meant for purchasing mobile phone accessories into accounts controlled by themselves and associates – Detailed investigation reveals large scale financial misappropriations a...

Bail Application – Sixth Bail Application Filed by Petitioner (A.2) – Grounds for Rejection – High Court Examined Specific Allegations Against Petitioner – Prima Facie Evidence Including Forensic Analysis and Witness Testimonies – No Substantial Change of Circumstances Justifying Bail – Allegations of Threats to Witnesses and Interference with Investigation Uphe...

Criminal Law – Conviction based on Eyewitness Testimony – Assessment of Reliability – Criminal Appeal against conviction for murder under Section 302 IPC – Sole purported eyewitness’s testimony scrutinized for consistency with initial statements – Significant contradictions found between informant’s fardbeyan and court deposition – Held that informan...

Criminal Law – Conviction and sentencing revision – Appellant originally convicted under Section 436 IPC for setting fire to a thatched tea stall – On appeal, re-evaluated based on the nature of the structure and applicable legal provisions – Conviction modified to Section 435 IPC, focusing on the damage to property and intent – Held that the original structure does n...

Bail under Section 439 Cr.P.C. – Petition for grant of regular bail – Offences under Sections 21/61/85 of Narcotic Drugs and Psychotropic Substances Act, 1985 – Petitioner found in possession of 950 intoxicating capsules – Allegation of Tramadol Hydrochloride weighing 608 grams – Petitioner contends discrepancies in signature language on notice under Section 50 NDPS A...

Bail Application under Section 439 CrPC - Petitioner seeking bail in connection with FIR under Sections 22(C) and 27-A/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) - Petitioner not found in possession of contraband, implicated based on disclosure statement of co-accused - Interim bail previously granted by Coordinate Bench - Prosecution relying on disclosure stateme...

Criminal Revision – Discharge application under Section 376 IPC – Appellant challenges order rejecting discharge – Victim and accused were in a consensual relationship for several years – Victim was major at the time of the alleged incidents – Accused allegedly allured her to marry and established physical relations – Victim got divorced from her former husband ...

Criminal Law - Framing of Charges - Petition seeking to set aside the order on charge - Charges framed against the Revisionist under various sections of the IPC - Allegation of beating leading to the death of the deceased - Disputed facts and varying statements by witnesses - Defense argument based on the lack of intent to cause severe bodily injury - Citing precedent cases to support the contenti...

Essential Pre-requisites under Section 138 of NI Act: Referring to a prior judgment, the Court reiterated the importance of certain dates to be clear in the complaint for making out an offence under Section 138, NI Act. Such dates include the date on the cheque, date of deposit, date of bank’s notice concerning bouncing, date of notice by the drawee/payee to the drawer, date of notice receip...