Foreign Laws Must Be Proved Like Facts: Delhi HC Grants Bail in Cryptocurrency Money Laundering Case Acquittal in Criminal Case Doesn't Invalidate Departmental Inquiry Findings: Gujarat High Court Responsibility to Install and Maintain Lies with Appellant’ in IOC Dealership Case: Andhra Pradesh High Court Affirms Truth Must Prevail Using Best Available Science: Allahabad High Court Upholds DNA Test Order in Paternity Dispute for Maintenance Claim No Evidence of Life-Threatening Injury: Bombay High Court Reduces Conviction from Attempted Murder to Simple Assault State Policy Directions Cannot Override Regulatory Commission’s Quasi-Judicial Powers: Supreme Court Scope of Referral Courts in Arbitration is Strictly Limited to Existence of Agreement, Not Merits of Dispute: Supreme Court Clear Tendency in Complainant to Improvise Allegations to Settle Marital Scores: High Court on Bail Evidence of Adultery, Cruelty, and Desertion Insufficient: Jharkhand High Court Affirms Dismissal of Divorce Petition Legal Heirs Cannot Be Denied Defense: High Court Remands Partition Suit for Fresh Hearing Karnataka High Court Rejects Time-Barred Suit, Emphasizes 'No Allegations of Fraud or Coercion Bombay High Court Quashes Five-Year Rent Revision Clause in Government Leases, Upholds Ready Reckoner-Based Calculations

"CRIMINAL LAW" Digest

Criminal Law – Quashing of Proceedings – Petition to quash criminal proceedings against the petitioner who was accused of quid pro quo investments and receiving undue benefits from government projects – The High Court dismissed the petition, emphasizing the limited scope of Section 482 CrPC and the need for trial to determine the factual disputes and criminal liability [Paras 1-6...

Criminal Law - Bail - Bharatiya Nyaya Sanhita, 2023 - Specific Overt Acts - Petitioners 2 and 4, involved in a case of grievous assault using metal rods, were denied bail due to the severity of their actions, which resulted in significant injuries to the victims. The court emphasized that the evidence, including medical records, supported the prosecution's case against these petitioners. In co...

Criminal Law – Arrest and Bail – Allowed - High Court Judgment – Appellant Arvind Kejriwal's arrest upheld by the High Court for alleged involvement in manipulation of the Excise Policy for undue gains. High Court denied regular bail. Appellant challenged arrest procedure under Sections 41(1) and 41A of CrPC. Held: Arrest not illegal, but continued incarceration pending trial...

Criminal Law – Transit Anticipatory Bail – Sought for offences under Sections 498A, 323, and 504 of IPC and Sections 3 and 4 of the Dowry Prohibition Act – The petitioners filed for anticipatory bail in Karnataka while the case was registered in Uttar Pradesh – Held: Granted transit anticipatory bail for three weeks to enable petitioners to seek anticipatory bail from the j...

Criminal Law – Culpable Homicide – Section 304 Part II IPC – Defense of Private Defense – The appellant was convicted under Section 304 Part II IPC for pelting stones at the deceased, resulting in fatal injuries. The incident occurred during a scuffle over a monetary dispute where the deceased was under the influence of alcohol and attempted to snatch money from the appella...

Criminal Law – Prevention of Money Laundering Act (PMLA) – Bail Granted – The appellant, Manik Bhattacharya, was arrested by the Enforcement Directorate (ED) for allegedly receiving Rs. 7,00,000 from 44 candidates – Charged under Section 3, read with Section 70, and punishable under Section 4 of the PMLA, 2002 – His bail applications were denied twice by the trial cou...

Criminal Law – NDPS Act – Acquittal - Section 52A compliance – Whether the procedure for sampling under Section 52A was followed. Held, the samples were drawn on the spot without the presence of a Magistrate, which contravenes the NDPS Act. As per the Supreme Court's decisions in Mohanlal and Yusuf, samples must be drawn in the presence of a Magistrate, and the inventory must...

Maintenance under Section 125 Cr.P.C. – Revision against Family Court order – Respondent wife and son filed application for maintenance alleging dowry harassment, cruelty, and non-consensual acts – Family Court directed revisionist to pay 25,000/- to wife and 20,000/- per month to son – Revision dismissed, upholding Family Court’s order [Paras 1-9, 26-29].   ...

Family Law – Maintenance – Quantum of Maintenance – Reduce Maintenance - The wife filed an application under Section 125 Cr.P.C. seeking maintenance, claiming the husband, employed as a vice president in Citi Bank Dubai, was earning a substantial income – The Family Court awarded interim maintenance of ₹60,000 per month to the wife – The husband contested the amount...

Criminal Law – Dishonour of Cheque – Appeal Against Acquittal – Application against the acquittal judgment in a case involving the dishonour of a cheque under Section 138 of the Negotiable Instruments Act – The respondent was acquitted by the trial court on the grounds that he successfully rebutted the presumption under Section 139 of the NI Act – The applicant-appell...