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 No Court Can Allow Itself to Be Used as an Instrument of Fraud: Delhi High Court Exposes Forged Writ Petition Filed in Name of Unaware Citizen "Deliberate Wage Splitting to Evade Provident Fund Dues Is Illegal": Bombay High Court Restores PF Authority's 7A Order Against Saket College and Centrum Direct 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

Bail Petition and Criminal Background – Petitioner seeking bail under Section 439 CrPC – Involved in a corruption case with FIR No. 22 dated 26.05.2023 – Accused of embezzlement and fund transfers for personal gain – Previous criminal antecedents include FIR Nos. 23 and 29, both dated 2023, under the Prevention of Corruption Act, 1988. [Paras 1-2, 9] Case Facts and Inves...

Kidnapping for Ransom – Conviction of Two Accused Upheld, One Acquitted – Appellants Sukhjinder Singh and Sukhdev Singh convicted for kidnapping minor for ransom – Prabhjot Singh acquitted due to insufficient evidence – Victim kidnapped on 18.01.2014, recovery and arrest details substantiated – Conviction under Sections 364-A and 365 read with Section 120-B IPC upheld...

Quashing of FIR and Direction for CBI Investigation – Writ Petition – Allegations of Forgery and Trespass – Petitioner seeks direction to entrust investigation to Central Bureau of Investigation (CBI) – Petitioner alleges repeated threats and inducements by real estate group to widen road adjacent to his property – Suit filed by petitioner pending consideration before...

Revision Against Deposit Order – Petitioner, convicted under Section 138 of the NI Act and directed to pay compensation, challenges the appellate court’s order requiring deposit of 20% of compensation. Raises the issue of financial hardship due to losses during the Covid period. [Para 1, 4]   Appellate Court’s Order – Appellate court suspended the sentence under ...

Petition under Section 482 CrPC – Seeking action based on representation dated 10.03.2022 (Annexure P3) and enquiry report dated 12.08.2022 (Annexure P4) against the accused for posting vulgar and threatening comments on petitioner's family photographs on Facebook – Allegation of police inaction due to political influence. [Para 1]   FIR No. 154 of 2021 – Backgroun...

Anticipatory Bail Petition – Cheating and Fraud Allegations – Petition under Section 438 of Cr.P.C. for anticipatory bail in FIR No.28, dated 10.03.2023, registered under Sections 406, 420, 34 IPC at Police Station Garhshankar, District Hoshiarpur, concerning allegations of cheating and fraud in a failed matrimonial alliance. [Para 1]   Background of the Case – Complai...

Conviction and Sentence Challenge – Appellant Thankappan convicted under Section 8(1) and (2) of Kerala Abkari Act for possessing 750 ml arrack – Sentenced to 6 months imprisonment and fine of Rs.1,00,000, with additional 3 months imprisonment in default of fine payment – [Para 2]   Evidence and Witness Testimonies – Trial court examined PWs 1 to 3 and marked Exh...

Maninder Sharma Vs. State Tax Officer, State, Mobile Wing, Jalandhar, Punjab, CRM-M-24033-2021(O&M) Decided on 31.08.2022 Representing Advocates: Mr. R.S. Rai, Sr. Advocate, with Ms. Eknoor Kaur Sara, Advocate, and Mr. Nimish Chib, Advocate, for the petitioner. Ms. Ramta K Chaudhary, DAG, Punjab. Mr. A.P.S. Deol, Sr. Advocate, with Mr. S.S. Deol, Advocate, for the complainant. ...

Anticipatory Bail – Application under Section 438 Cr.P.C. for grant of anticipatory bail in a case involving alleged misappropriation and cheating in a government contract – Petitioners accused of not delivering the agreed quantity of rice, leading to financial loss to the department. [Para 1, 2] Arbitration Clause – Reliance on an arbitration clause in the contract by petitio...

Quashing of Proceedings – Section 482 Cr.P.C. – Petition for quashing complaint under Section 138 of the Negotiable Instruments Act 1881 – Complaint and subsequent summoning order challenged – Petitioner not a signatory to the disputed cheque, issued from a joint account with her husband. [Para 1, 2, 4]   Principal of Liability – Cheque Dishonour – Li...