Disciplinary Authority Cannot Override Enquiry Officer’s Clean Chit Without Hearing the Employee: Madhya Pradesh High Court Remands Termination for Procedural Lapse Appointment Secured by Misstating Marks Is Void Ab Initio; Human Error No Excuse Where Advantage Gained: Allahabad High Court Appeal Maintainable Despite Modified MACT Award — Kerala High Court Clarifies Scope of Appellate Review in Motor Accident Claims No Notice, No Blacklist: Calcutta High Court Quashes Debarment Over Breach of Natural Justice Prosecution Must Elevate Its Case From Realm Of ‘May Be True’ To Plane Of ‘Must Be True: Orissa High Court Strict Compliance Is the Rule, Not Exception: Himachal Pradesh High Court Dismisses Tenant's Plea for Late Deposit of Rent Arrears When Accused Neither Denies Signature Nor Rebuts Presumption, Conviction Must Follow Under Section 138 NI Act: Karnataka High Court A Guardian Who Violates, Forfeits Mercy: Kerala High Court Upholds Natural Life Sentence in Stepfather–POCSO Rape Case Married and Earning Sons Are Legal Representatives Entitled to Compensation: Punjab & Haryana High Court Enhances Motor Accident Award to ₹14.81 Lakh Driver Must Stop, Render Aid & Report Accident – Flight from Scene Is an Offence: Madras High Court Convicts Hit-And-Run Accused Under MV Act Delay May Shut the Door, But Justice Cannot Be Locked Out: Gauhati High Court Admits Union of India’s Arbitration Appeal Despite Time-Bar Under Section 30 PC Act | Mere Recovery of Money Is Not Enough—Demand and Acceptance Must Be Proved Beyond Reasonable Doubt: Delhi High Court Allahabad High Court Slams Bar Council of U.P. for Ex Parte 10-Year Suspension of Advocate Supreme Court Invokes Article 142 to End Discrimination Against Ad-Hoc Employees in Allahabad High Court: Orders Reinstatement and Regularizationi 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 Agreement to Sell Does Not Create Any Right in Property, Hence No Right to Compensation on Acquisition: Allahabad High Court

"CRIMINAL LAW" Digest

Criminal Appeal – Regular Bail Application Dismissal  Gursewak Singh appealed against the dismissal of his regular bail application under Section 439 of Cr.P.C. by the Special Judge, Amritsar. [Para 1, 4]   Prosecution Sanction Under UAP Act  Concerns were raised about the prosecution under the UAP Act due to the absence of pre-requisite sanction from the compete...

Jurisdiction and Authority of Police to Reinvestigate – Criminal Jurisdiction – Writ of Certiorari to quash FIR – Andhra Pradesh High Court rules on the legality of police reinvestigation in FIR No. 72 of 2016 under Sections 365, 342, 84, 506, 109 read with 34 of IPC, following a previous investigation into similar allegations in FIR No. 378 of 2015 – Held, police lack auth...

Writ Petition – Quashing of Order – Quashing of order dated 20.10.2023 in Dhanbad Mahila P.S. Case No.30 of 2023 under section 82 Cr.PC – Petitioner, the husband in a case under section 498A IPC, had already complied with notice under section 41A Cr.PC and appeared before the investigating officer – Petitioner's non-pressing of prayer-(a) and focusing on prayer-(b) for ...

FIR for Offences under IPC and Dowry Prohibition Act – Allegations of dowry demands, physical abuse, and mental cruelty by husband and in-laws – FIR lodged in Jabalpur, transferred to Bhopal for investigation, trial pending at Bhopal – Petitioner seeks transfer back to Jabalpur [Paras 1-2, 12].   Mental Cruelty and Jurisdiction – Continuation of mental cruelty in...

Criminal Proceedings – Quashing of Proceedings – Criminal proceedings against bank officials in a case involving missing jewelry from a bank locker quashed – Lack of evidence against petitioners, who were not sent for trial after police investigation – Alleged theft occurred, but no material implicating bank officials – Civil suit for the same incident pending. [Para ...

Criminal Proceedings – Quashing of proceedings and order taking cognizance – Petitioners seeking to quash the criminal proceedings including the cognizance order dated 14.06.2013 in connection with a complaint case alleging torture – Petitioners are the complainant's relatives residing in a different city from the alleged place of occurrence – Evidence suggesting allega...

Regular Bail – Denial of Regular Bail – Petitioner's repeated absconding and non-cooperation in the investigation – Petitioner declared a proclaimed offender twice – Bail application dismissed due to potential obstruction of a fair trial and risk of absconding. [Para 10-14] Criminal Procedure – Fair Trial and Bail Considerations – Importance of ensuring a...

Anticipatory Bail – Applicant seeks anticipatory bail for offences under Sections 420 of IPC and various sections of the Information Technology Act, 2018 – Application filed in the wake of apprehension of arrest for involvement in an exam cheating scam – High Court considers the merits of the application. [Para 1]   Prosecution's Allegations – Prosecution bui...

Family Law and Maintenance – Section 125 Cr.P.C. - Revision of Maintenance Award – revision petition against an order of maintenance awarded under Section 125 of Cr.P.C., focusing on the allegation of the petitioner living in adultery and its effect on the entitlement to maintenance. [Para 1, 16-17, 20]   Adultery and Maintenance Entitlement – Examined – Held tha...

Criminal Petition – Quashing of Proceedings – Section 482 of Cr.P.C. – Petition seeking to quash the charge sheet in C.C.No.14766/2021 for offence under Section 420 IPC – Allegation of furnishing false information in application for District Judge post – Petition dismissed. [Para 1, 14, 19]   Judicial Selection Process – Misrepresentation in Applicati...