Abandoning Arbitration Proceedings Bars Fresh Section 11 Application On Same Cause Of Action: Supreme Court Department Must Lead Evidence, Examine Witnesses To Prove Charges Unless Employee Clearly Admits Guilt: Supreme Court Order IX Rule 13 And Section 96 CPC Have Distinct Scopes; Minor Unrepresented In Original Suit Can Seek Setting Aside Ex-Parte Decree: Supreme Court Minor Heir Cannot Be Expected To Respond To Public Notice Independently: Supreme Court Sets Aside Ex Parte Succession Certificate Supreme Court Restores Acquittal In POCSO Case, Holds DNA Evidence Not Infallible If Blood Sample Collection Is Disputed Bar Under Section 197 CrPC Applies At Stage Of Cognizance; Subsequent Notification Cannot Invalidate Valid Proceedings: Supreme Court State Cannot Apply Harsher Remission Policy Retrospectively To Deny Premature Release: Supreme Court Superficial Bail Orders In Dowry Death Cases Weaken Public Faith In Judiciary: Supreme Court Cancels Husband's Bail Non-Deposit of Balance Amount During Suit Doesn't Prove Lack Of Readiness: Bombay High Court Grants Specific Performance Of 1978 Oral Agreement Teacher Appointed In 'Pass' Graduate Category Entitled To Higher Pay Scale Upon Acquiring Master's Degree During Service: Calcutta High Court Ex-Parte Maintenance Order Under Section 144 BNSS Must Be Challenged Before Family Court First, Direct Revision Not Maintainable: Allahabad High Court Occupant Cannot Be Denied Electricity Merely Because Decree-Holder Demands Disconnection Pending Eviction: Andhra Pradesh High Court Anticipatory Bail In PMLA Cannot Be Granted If Accused Obstructs Probe & Gives False Answers Even If Beneficiary Of Section 45 Proviso: Delhi High Court Tender Condition Disqualifying Bidders For Past Bridge Collapses Does Not Amount To Blacklisting: Gauhati High Court Mere Unauthorized Entry On Government Land Does Not Constitute Criminal Trespass Without Intent To Annoy: Himachal Pradesh High Court Mere Buildings Without Life-Saving Machinery Don't Fulfil Article 21 Mandate: Jharkhand HC Orders State-Wide Functional Burn Wards Within 120 Days Unestablished Claim Of Co-Heirship Does Not Mandate Reference To Civil Court For Apportionment Of NHAI Compensation: J&K High Court Accused Cannot Defer Cross-Examination By Merely Claiming Defence Strategy Will Be Disclosed: Madhya Pradesh High Court Allegations Confined To Negligence, Not Criminal Intent: Punjab & Haryana High Court Grants Anticipatory Bail To Ex-SGPC Secretary In Missing 'Saroops' Case True Owner Cannot Unlawfully Enter Tenanted Premises Under Guise Of Ownership To Commit Offence: Kerala High Court Upholds Landlord's Conviction RTO Officials Cannot Seize Vehicles Without Specific Statutory Authority; Actions Pending Writ Proceeding Highly Improper: Karnataka High Court Supreme Court Flags West Bengal Incidents, Orders Central Forces to Shield Judges on Ground Duty Two-Judge Bench Can Modify Three-Judge Bench Orders: Supreme Court Supreme Court Cancels Bail Of 'Grand Venice' Promoter, Forfeits ₹50 Crore Deposit Over Siphoning Of Funds During IBC Moratorium

"CRIMINAL LAW" Digest

Bail – Murder Case – Section 483 BNSS – Prolonged Custody – Grant of Bail – Petitioner sought regular bail in FIR alleging murder by firearm pursuant to criminal conspiracy – Prosecution case based primarily on two eye-witnesses – One eye-witness (PW-6) turned hostile and did not support prosecution even after cross-examination – Other eye-witness (P...

Criminal Law – Appeal Against Conviction – Appreciation of Evidence – Benefit of Doubt – Five accused convicted by Trial Court for offences under Sections 342, 365, 376(f) & (g) and 506 IPC – High Court reappreciated entire evidence in appeal – Held: Prosecution failed to prove guilt beyond reasonable doubt – Conviction unsustainable [Paras 21–25...

Bail – Murder and allied offences – Sections 191, 103, 329 BNS – Accused sought bail under Section 483 BNSS – Prosecution alleged brutal group assault resulting in death – Offences punishable with death or life imprisonment – Held: Gravity of offence alone not decisive for denial of bail when similarly placed co-accused have been enlarged on bail [Paras 3–...

NDPS Act – Regular Bail – Recovery of Heroin – Section 37 Rigours – Petition under Section 483 BNSS seeking regular bail in FIR for offences under Sections 21, 22, 27-A and 29 NDPS Act – Recovery of 258 grams of heroin attributed to petitioner, which is more than non-commercial quantity – Held: Rigours of Section 37 NDPS Act squarely attracted and bail can be gr...

Criminal Law - Prevention of Corruption – Bribery – Demand and Acceptance – Proof – Acquittal – Appellant, a Patwari, was convicted for offences under Section 5(2) of the J&K Prevention of Corruption Act read with Section 161 RPC on allegation of demanding and accepting bribe for issuance of revenue extract – Trap laid and recovery of ₹700/- from appellant...

Income Tax – Criminal Prosecution – Quashing under Section 482 Cr.P.C. – Wilful Tax Evasion – Search and seizure conducted under Section 132 I.T. Act revealed substantial concealment of income – Petitioner filed revised returns under Section 153A declaring higher income – Complaints filed for offences under Sections 276C(1) and 277 I.T. Act after obtaining statu...

Limitation – Condonation of Delay – Criminal Revision – Delay of 168 Days – Application by State Instrumentality – Applicant sought condonation on grounds of administrative lapses, non-availability of staff, late receipt of file and multiple legal opinions – No cogent, credible or plausible explanation furnished for prolonged delay – Bald assertions withou...

Criminal Law - Money Laundering – Discharge under Section 227 CrPC – Scheduled Offence – Section 467 IPC included as scheduled offence w.e.f. 01.06.2009 – Accused discharged by Special PMLA Court on ground that alleged predicate offence was committed prior to inclusion of Section 467 IPC in Schedule – Held: Approach erroneous – Offence under Section 3 PMLA is in...

Prevention of Corruption Act, 1988 – Sanction for Prosecution – Validity – Application of Mind – Sanction granted under Sections 19(1)(b) & (c) PC Act to prosecute public servant for alleged disproportionate assets challenged – Held: Sanction is not an idle formality and must disclose due application of mind to all relevant material – Mechanical sanction ign...

Negotiable Instruments Act – Section 138 – Cheque issued for alleged discharge of third-party liability – Absence of proof of legally enforceable debt – Complainant alleged that accused undertook liability of borrower (third party) – No documentary or cogent oral evidence showing acceptance of such liability – Mere oral assertion insufficient – Held: Offen...