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 Unregistered Agreement Creating Right of Way Inadmissible in Evidence: Punjab & Haryana High Court Summary Decree in Partition Suit Denied: Unequivocal Admissions Absent, Full Trial Necessary: Delhi High Court 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

Factual Background – Complaints were made by the petitioner under Sections 498A and 406 IPC against her husband and in-laws, alleging severe demands for dowry and subsequent physical and mental cruelty after her marriage in 1998 – The FIR was filed in December 2002 and charge-sheet filed in July 2004 – Magistrate took cognizance on the same day the charge-sheet was filed [Paras 2...

Factual Background - Appeals arise from convictions for participating in a fatal gang attack where firearms and baseball bats were used - FIR registered based on a detailed complaint by an eye witness (Ex.PW-4/A) describing the attack on 10th June 2012 at Jalandhar Bye-pass, Ludhiana - The motive traced back to a previous altercation and a compromised FIR involving the accused - Appellants convict...

Article 226/227 of the Constitution of India read with Sections 482, 427(1) of Cr.P.C. – Petitioner sought direction for concurrent running of sentences imposed in two separate NIA cases – Delhi High Court declined to exercise discretion under Section 427(1) of Cr.P.C. – Held, offences committed by petitioner in two separate cases cannot be considered part of the “same tran...

Criminal Law - Grant of Anticipatory Bail - Petitioners, chartered accountants, implicated in case FIR No.RC0052020A0011 under IPC and initially under the Prevention of Corruption Act, accused of misclassifying 'Sundry Creditors' as 'Unsecured Creditors' in company balance sheets - No direct evidence linking petitioners to intentional fraud - Cooperation with investigation noted, n...

Bail Application – Petitioner seeks regular bail – FIR registered under Sections 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 – Custody Certificate produced – Petitioner's counsel argues that an unauthorized officer conducted the search before an authorized officer arrived – Petitioner's prolonged incarceration and lack of criminal antecedents co...

Criminal Writ Petition – Premature Release – Petitioner seeks direction for premature release under Article 161 of the Constitution of India – Petitioner has completed more than 16.5 years of actual custody – Convicted under Section 302 read with Section 120B IPC – Pending Criminal Appeal – Contention that State Government's policy allows her release –...

Anticipatory Bail - Petitioner seeks anticipatory bail in FIR involving charges under IPC Sections 420, 467, 468, 471, 120-B, and Section 13(1)(d), 13(2) of Prevention of Corruption Act, 1988 - Petitioner a first-time offender - Nature of allegations and the need to provide an opportunity to course correct justifies consideration for bail. [Para 1-6]   Bail Principles - Bail decision mu...

False FIR - Abuse of process of law - Mala fide intent - Quashing of proceedings under Section 482 of CrPC - Petitioner, an Afghan refugee, faced charges of forgery, theft, and molestation based on two complaints by the respondent no.2 - First complaint alleged forgery and theft, while the second complaint introduced allegations of molestation - CCTV footage was not shared with the police - Delay ...

Criminal Law – Bail Application – Applicant accused in connection with Delhi riots involving murder and multiple felonies – Bail sought under Section 439 CrPC after being implicated in the murder and riots as part of a violent mob based on eyewitness and police testimonies – Charges under multiple sections of IPC including murder, rioting, and destruction of property &ndash...

Criminal Proceedings - Quashing of FIR and Subsequent Proceedings - Petition filed under Section 482 Cr.P.C. for quashing of FIR No.35 dated 29.05.2016 under Sections 306, 34, 120-B IPC and 420 IPC - Accused petitioner seeks the quashing of the FIR and all subsequent proceedings - Allegations of abetment to suicide and dishonor of cheques - Name of the petitioner appears in the suicide note withou...