Delhi High Court Frames Criminal Contempt Charges Against Advocate For Scandalizing Judge On LinkedIn After Cyber Cell Traces IP Logs Testimony Of Partially Hostile Witnesses Can Be Relied Upon If Corroborated: Delhi High Court Upholds Police Officer's Conviction Subordinate Engineers Entitled To Non-Functional Upgradation Even If Level 8 Reached Via MACP: Supreme Court FEMA Adjudicating Authority Cannot Overrule Competent Authority's Refusal To Confirm Asset Seizure: Supreme Court Candidate Cannot Claim Lower Preference Post After Securing First Choice Under Merit-Cum-Preference System: Madhya Pradesh High Court Official Cannot Escape Corruption Trial Merely Because 90% Payment Was Made Prior To His Joining: Calcutta High Court Employee Who Evades Cross-Examining Witnesses Cannot Later Claim 'No Evidence' In Departmental Enquiry: Andhra Pradesh High Court Fictitious Or Non-Genuine Revenue Entries Cannot Confer Adhivasi Rights Under UP Zamindari Abolition Act: Allahabad High Court Calcutta High Court Quashes Termination Of Compassionate Appointee Over Age Dispute, Says Such Claims Cannot Be Kept Pending Indefinitely Alleged Custodial Torture Does Not Automatically Attract Contempt Under 'D.K. Basu' Unless Specific Arrest Guidelines Are Violated: Gujarat High Court Authority Cannot Act As 'Judge In Own Cause'; Himachal Pradesh High Court Quashes Distillery License Cancellation Over Procedural Impropriety Financial Corporations Have Absolute Power To Fix Employee Pay, Prior State Govt Approval Not Required: Jharkhand High Court Custodial Interrogation Not Required For Police Inspector Accused Only Of Illegal Confinement Prior To Victim's Death: Karnataka High Court Rescission Of Contract Without Hearing Is Illegal; Courts Cannot Interfere In Second Appeal If Findings Rest On Unrebutted Evidence: Gauhati High Court RTI Penalty Proceedings Are Between Commission and SPIO Alone — Complainant Has No Right To Be Heard: Kerala High Court Catastrophic To Allow Law To Take Its Own Course: MP High Court Quashes POCSO, BNS FIR After Victim And Accused Marry

"CRIMINAL LAW" Digest

Negotiable Instruments Act - Premature Complaint - Section 138, Proviso Clause (c) & Section 142(b) - Complaint filed 12 days after notice - Mandatory 15 days not expired - Complaint not maintainable being premature - Appeal dismissed. [Para 12]   Dishonour of Cheque - Rebuttal of Presumption under Section 139 - Acquittal - Testimony of attesting witness and expert report confirmed ...

Criminal Law – Juvenile Justice – Regular Bail Petition – Section 439 Cr.P.C. – Section 6 of POCSO Act, 2012 – Section 12 of Juvenile Justice Act, 2000 – Juvenile petitioner ordered to be tried as an adult. Court held that under Section 12 of the Juvenile Justice Act, a juvenile in conflict with law is entitled to bail irrespective of the nature or gravity of th...

NDPS Act - Non-Compliance of Section 50 - Appeal against Conviction - Recovery from Cloth Bag - Section 50 not applicable to non-personal search - Conviction under Section 18 upheld. [Para 10]   Witness Credibility - Absence of Independent Witnesses - Statements of Official Witnesses - Genuineness of Prosecution Case - No false implication motive attributed - Testimonies of official wit...

NDPS Act - Post-Trial Disposal of Confiscated Articles - Sections 60-63 of the NDPS Act - Confiscation of Car - Police took possession of the car without a formal order of confiscation - Notice under Section 60 issued to the registered owner - Mandatory provisions of Sections 60 to 63 not complied with - Special Court erroneously declined to proceed as the trial had concluded - Impugned order set ...

Sentencing under Section 307 IPC – Limitation on Term – Convicts sentenced to 14 years rigorous imprisonment challenged the sentence – Argument that Section 307 IPC limits imprisonment to ten years unless hurt caused warrants life imprisonment – Court examined statutory interpretation of Section 307 IPC – Held that imprisonment exceeding ten years without awarding lif...

Criminal Procedure – Misrepresentation and Forgery in Supreme Court Proceedings – Allegation of forged signatures on Vakalatnama and SLP documents submitted before the Supreme Court – Court ordered inquiry into the conduct of the involved advocates and Notary – Notice issued to petitioner’s daughter and son-in-law – Matter adjourned for further hearing. [Paras 1...

Narcotic Drugs and Psychotropic Substances – Procedural Irregularities – Conviction Appeal – Non-compliance with Sections 100 and 165 CrPC amounts to mere irregularity – Evidence of official witnesses deemed credible – Conviction upheld – Sentence reduced considering the appellant’s age and trial duration. [Paras 1-12]   Evidence Law – Cre...

Negotiable Instruments – Cheque Dishonor – Condonation of Delay – Petition for quashing dismissal of complaint under Section 138 of NI Act – Cheque dishonored on 16.04.2012 – Legal notice dated 15.05.2012 returned unclaimed – Second legal notice sent on 02.06.2012 – Complaint filed on 16.07.2012 dismissed as time-barred – Court held that separate app...

Criminal Procedure – Quashing of FIR – Non-Cognizable Offense – Public Gambling Act – Investigation without Magistrate’s Permission – Petition for quashing of FIR under Section 13-A of the Public Gambling Act – FIR related to recovery of Rs. 1,23,50,000/- alleged to be gambling money – Held that investigation of non-cognizable offense without Magistr...

Criminal Law – Appeal Against Acquittal – Variance in Statements – Appeal by complainant against trial court’s acquittal of accused under Sections 376 and 511 IPC – Allegations of attempted rape by prosecutrix’s brother-in-law – Discrepancies in prosecutrix's statements during different stages of investigation – Trial court found gross embellishm...