Medical Report Missing Injured's Signature, Unexplained 9-Hour FIR Delay Fatal To Prosecution Case: Allahabad High Court Acquits Attempt To Murder Convicts Fresh Notice Mandatory To Ex-Parte Defendants If Plaint Is Substantively Amended: Madhya Pradesh High Court Divorce | Initial Bickering Between Spouses During Early Marriage Does Not Constitute Cruelty: Madras High Court Sports Council Cannot Dissolve Registered Society Or Conduct Its Elections; Can Only Withdraw Recognition: Kerala High Court Incarceration Without Trial Amounts To Punishment: Himachal Pradesh HC Grants Bail To Murder Accused Denied Medical Care In Jail Compliance Is Not Protection: Kerala High Court Holds Local Authority Cannot Deny Industrial License Merely Over Unscientific Public Protests Allotment Of Seat By Bypassing Higher-Ranked Candidates In Merit List Results In Gross Injustice: Calcutta High Court Dismisses LLM Admission Plea Blacklisting Not An Automatic Consequence Of Contract Termination, Requires Specific Show-Cause Notice: Supreme Court Power Of Attorney Cannot Operate As Mode Of Succession To Religious Office Of Sajjadanashin: Supreme Court Higher-Ranking Employees Cannot Claim Parity In Punishment With Subordinates Under Article 14: Supreme Court Waqf Board Lacks Jurisdiction To Appoint 'Sajjadanashin', Civil Court Can Decide Dispute As Office Is Distinct From 'Mutawalli': Supreme Court 144 BNSS | Husband Cannot Directly Challenge Ex-Parte Maintenance Order In High Court, Must Apply For Recall: Allahabad High Court No Absolute Bar On Relying Upon Post-Notification Sale Deeds For Determining Land Acquisition Compensation: Bombay High Court 138 NI Act | Plea That Cheque Was Stolen Is An Afterthought If No Police Complaint Is Lodged: Orissa High Court Upholds Conviction Cannot Expect Claimant To Preserve Every Bill: P&H High Court Enhances Accident Compensation From Rs 95,000 To Rs 7.7 Lakhs Auction Sale Remains 'Inchoate' If 75% Balance Paid Beyond Statutory Time, Borrower Can Redeem Property: Supreme Court

"CRIMINAL LAW" Digest

Bail – Grant of Regular Bail – Petitioners, Managing Directors of QVC Realty Company Limited and Chintels India Limited, sought regular bail under Section 439 Cr.P.C. – Petitioners accused of fraud and money laundering under Sections 3 and 4 of the PMLA – FIR initially registered under Section 10 of the 1975 Act and Section 420 IPC for breach of license terms – Twin c...

Criminal Law – Examination Fraud – Systemic Malpractice – The petitioners alleged that the NEET 2024 examination was compromised due to widespread paper leaks and manipulation – Investigation revealed isolated incidents in Hazaribagh, Patna, and other places but no evidence of systemic malpractice affecting the overall integrity of the examination – The Supreme Court,...

Criminal Law - Anticipatory Bail – Section 438 CrPC – NDPS Act – Non-commercial quantity – Grant of bail to petitioner – Petitioner not named in FIR, no recovery effected from him, only based on wife's disclosure statement – Petitioner’s wife found with 6.25 grams of heroin, far less than commercial quantity – Petition allowed. [Paras 1-18] &n...

Criminal Law – Jurisdiction of Children's Court vs. NIA Special Court – Petition seeking transfer of trial – Respondent juvenile tried as an adult – FIR under UAPA and Explosive Substances Act – Jurisdiction vested in Children’s Court – Non-obstante clause in JJ Act, 2015 – Overriding effect on other laws – Held, Children's Court has ju...

Criminal Law - Negotiable Instruments Act - Stay of Proceedings under IBC:Criminal Misc. Petition—Section 482 CrPC—Petition seeking quashing of proceedings under Section 138 NI Act due to pendency of insolvency resolution under Section 94 IBC—Petitioner, a personal guarantor to a corporate debtor, filed for insolvency resolution—Court held that proceedings under Section 138...

Criminal Law - Regular Bail - Non-compliance with NDPS Act Procedures - Criminal Miscellaneous Petition seeking regular bail under Section 439 of Cr.P.C. - Allegation of possession and sale of 20,000 intoxicating tablets of Tramadol Hydrochloride - Petitioner argues non-compliance with Section 42 of the NDPS Act - Held, total non-compliance with Section 42 is impermissible; delayed compliance acce...

Negotiable Instruments Act - Interim Compensation – Revision petition against order directing interim compensation under Section 143A of the NI Act – Petitioner directed to pay 20% of cheque amount within 60 days – Held, Section 143A empowers Court to order interim compensation up to 20% of cheque amount in summary trial or summons case upon plea of not guilty – Impugned or...

Criminal Procedure - Default Bail – Section 167(2) Cr.P.C. – Appeal against the denial of default bail – Challan presented within the statutory period but alleged to be incomplete due to lack of sanction under the Explosive Substances Act – Held, sanction obtained and submitted before filing the application for default bail – Challan considered complete – No ent...

Negotiable Instruments Act - Summary vs. Summons Trial – Petition for quashing proceedings under Section 138 of the Negotiable Instruments Act – Complaint filed for dishonour of cheque – Magistrate converted summary trial to summons trial without hearing parties – Held, non-compliance with hearing directive under Section 143 does not vitiate proceedings – Petition dis...

Income Tax Act - Motor Vehicles Act - Deduction of TDS on Interest – Revision petitions challenging orders directing the insurance company to deposit the deducted amount of TDS on compensation interest – Held, if interest on compensation is paid prior to June 1, 2015, insurance company must pay TDS amount to claimants and seek refund from Income Tax authorities – If interest paid...