Selling Non-E20 Compliant Car Without Disclosure Amounts To Unfair Trade Practice: Consumer Court Directs Maruti Suzuki To Replace Vehicle Or Refund Cost Punjab & Haryana High Court Appoints Independent Observer, Orders Videography To Ensure Fair Mayoral Polls In MC Abohar Railways Cannot Be Held Liable For Shortage Of Goods Booked At 'Owner's Risk' Unless Negligence Is Proved: Supreme Court High Court Cannot Re-Appreciate Evidence In Writ Jurisdiction To Interfere With Fact-Finding By Civil Courts: Supreme Court Supreme Court Directs All States To Formulate Premature Release Policy For Terminally Ill & Elderly Prisoners Within 3 Months Employer Cannot Deny Compassionate Appointment Citing Age Limit Crossed Due To Its Own Delay In Processing Medical Retirement: Supreme Court Remission Applications Of Life Convicts Must Be Decided Within 3 Months; Long Incarceration Merits Interim Bail: Supreme Court Arbitration Clause Or Civil Remedy No Bar To Criminal Prosecution If Offence Prima Facie Disclosed: Allahabad High Court No Ground For Repeated Enquiries On Overlapping Allegations Without Fresh Material: Andhra Pradesh High Court Dismisses PIL Against MedTech Park Officials District Council Court Is A 'Civil Court', Barred From Deciding Nokma Succession Disputes Under Garo Hills Social Customs Act: Meghalaya High Court

"CRIMINAL LAW" Digest

Negotiable Instruments Act – Section 138 – Dishonour of Cheque – Enforceable Debt or Liability – Cheque as Collateral Security – Respondents supplied 1,393.105 MT of iron ore to the appellant against a contract for 40,000 MT — Cheque was presented for encashment on 24.05.2004 and dishonoured on 02.06.2004 — Analyst's report certifying inferior quality ...

  Negotiable Instruments Act, 1881 – Section 138 – Acquittal – Second Appeal – Jurisdiction – High Court erred in entertaining appeal against acquittal — Trial court acquitted the appellant-accused — Sessions Judge dismissed the complainant's appeal and confirmed acquittal — Complainant thereafter preferred a further appeal before the Hig...

Matrimonial Law – Maintenance Pendente Lite – Section 24, Hindu Marriage Act, 1955 – Qualified Wife – Denial of Maintenance – Appellant-wife (M.D. Gynaecologist) filed application for maintenance under Section 24 during pendency of divorce petition filed by respondent-husband (Neurosurgeon) – Trial court dismissed her application under Section 24 on finding that...

Bail – Sexual Offences – Prolonged Incarceration – Delay in Trial – Appellant in custody since 10.09.2023 charged under multiple provisions including Section 376 IPC and Sections 66 and 67A of the IT Act – High Court denied regular bail – Before Supreme Court, State's counter affidavit disclosed that only 2 out of 22 witnesses had been examined with no possi...

Criminal Law – Section 319 CrPC – Summoning of Additional Accused – Appellant-complainant filed application under Section 319 CrPC for summoning Respondents 2–6 after recording of statement of PW-1 (Surender), an injured witness – Trial Court rejected the application relying on the DSP's report which accepted the plea of alibi of the proposed accused – High ...

Criminal Law – Double Jeopardy – Section 300(1) CrPC – Article 20(2) of the Constitution – Petitioner previously tried and convicted by JMFC Vadodara for offences under Sections 419/420 IPC in relation to forged bank drafts – Subsequently charge-sheeted before Trial Court at Dhar for offences under Sections 420, 467, 468 and 120-B IPC in relation to the same bank draf...

Income Tax – Prosecution – Section 276CC – Quashing of Proceedings – Lack of Jurisdiction – Petitioner assessed under jurisdiction of ITO, Non Corporate Ward 17(1), Chennai – Show Cause Notice issued by ITO – Petitioner replied, paid tax with interest – Complaint under Section 276CC lodged by Assistant Commissioner of Income Tax (respondent) after ob...

POCSO – Penetrative Sexual Assault – Section 6, POCSO Act and Section 377 IPC – Conviction Upheld – Accused/appellant lured victim (aged about 5 years) to his shop with chocolate and committed penetrative sexual assault – Trial court convicted and sentenced him to 20 years rigorous imprisonment under Section 377 IPC and Section 6 POCSO Act, with sentences running conc...

Criminal Law – FIR – Writ Jurisdiction – Exhaustion of Alternative Remedies – Article 226 – Complainant company, aggrieved by alleged forgery, impersonation and fraud in connection with a property measurement application, filed complaints before the Land Records Authority and thereafter directly invoked writ jurisdiction of the High Court seeking registration of FIR &...

Criminal Revision – Acceptance of Final Report – Defective Investigation – Petitioner (former MLA) lodged FIR alleging that accused persons forged his B.Com. certificates from Dibrugarh University to damage his reputation on the eve of Assembly Elections – Upon investigation, I.O. found discrepancies in mark sheet and submitted Final Report concluding case to be false; simu...