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

Prevention of Corruption Act – Demand and Acceptance – Lawful Remuneration vs Illegal Gratification – Appellant Patwari admitted receipt of ₹500/- but contended amount represented legal fees for supply of mutation copies – Prosecution’s own document (Roznamcha Rapat No. 491 dated 01.07.2002) showed lawful fees quantified at ₹480/- prior to alleged trap – Hel...

POCSO Act, 2012 – Cross-Examination of Child Victim – Forfeiture of Right – Appellants repeatedly sought adjournments on personal grounds of counsel despite presence of child victim on several dates – Trial Court closed further cross-examination after sufficient opportunity – Held: No illegality or violation of fair trial; forfeiture justified to protect child from re...

Matrimonial Law – Maintenance under Section 125 CrPC – Proof of Marital Status – Respondent filed for maintenance claiming to be the wife of the petitioner – Petitioner denied marriage and stated respondent had a subsisting marriage with another man, Manik Ali – Respondent admitted earlier marriage and claimed to have divorced him through affidavit – Held: Affid...

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...

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...

Criminal Law – Murder – Appeal Against Acquittal – Victim’s Appeal and State Appeal – Prosecution alleged conspiracy and murder of deceased Jayaram by Accused Nos.1 to 4 using chopper and sickle – Trial Court acquitted accused for offences under Sections 302, 120-B, 450 read with Section 34 IPC – High Court reappreciated entire evidence – Held: No pe...

  Criminal Procedure – Inherent Powers – Section 482 CrPC – Quashing of Summoning Order – Petition by parents-in-law – Challenge to order issuing summons for offences under Sections 323, 341, 498A, 307, 313, 506, 34 IPC and Sections 3/4 Dowry Prohibition Act – Held: Where complaint and statements disclose prima facie commission of offences with specific ...

Criminal Law - Benami Property Transactions – Prosecution under PBPT Act – Discharge – Stage of framing of charge – Post-demonetisation cash deposits of ₹68.71 Crores into firm’s account – Accused claimed deposits represented genuine business turnover – Allegations of bogus bills, fictitious transactions and disproportionate income – Held: Defence ...

NDPS Act – Quashing of Proceedings – Section 482 Cr.P.C. – Accused implicated only on basis of voluntary/confessional statements recorded under Section 67 NDPS Act – No independent corroborative material linking petitioner to offence – Continuation of prosecution held to be abuse of process of law [Paras 8, 11]. Section 67 NDPS Act – Evidentiary Value –...

Criminal Law – Cruelty by Husband or Relatives – Section 498A IPC – Appeal against conviction – Trial court acquitted accused of dowry death under Section 304B IPC but convicted husband and mother-in-law under Section 498A IPC – Mother-in-law died during pendency of appeal – Appeal proceeded only against husband – Held: Ingredients of Section 498A not prov...