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

Criminal Law - Suspension of Sentence - Narcotics - Application for suspension of sentence by convict under Section 21 NDPS Act involving possession of 220 grams of heroin - Rigors of Section 37 NDPS Act not applicable as quantity is less than commercial - Consideration of alternatives to cash or surety for bail - Held, use of fixed deposit or electronic transfer in lieu of cash or surety likely t...

Criminal Law - Negotiable Instruments Act, Service of Proclamation - Quashing of FIR and Proceedings - Criminal Miscellaneous Petition against Magistrate's order for the registration of FIR under Section 138 of the Negotiable Instruments Act and the issuance of a proclamation under Section 82 Cr.P.C. - Petitioner contended non-residence in the country at the time notice was served - Held, the ...

Criminal Law - Maintenance - Territorial Jurisdiction - Criminal Revision against Family Court's order dismissing petition under Section 125 Cr.P.C. for lack of territorial jurisdiction - Section 126 Cr.P.C. allows proceedings under Section 125 to be taken in any district where the husband resides, wife resides, or where they last resided together - Held, temporary residence is sufficient to c...

Criminal Law - Revision Petition Dismissal - Application for Exemption - Criminal Miscellaneous Case under Section 482 CrPC - Petitioner was summoned under Section 138 of the Negotiable Instruments Act - Filed a revision petition along with an application for exemption from filing the certified copy of the impugned order due to its unavailability - Sessions Court dismissed the revision petition wi...

Criminal Law - Pre-Arrest Bail - Confirmation of Interim Bail - Criminal Miscellaneous Case under Section 438 CrPC - Petitioner sought pre-arrest bail for offences under Sections 406 and 498-A IPC - Interim bail was granted, and the petitioner was directed to join the investigation - Investigation concluded, and some dowry items were not recovered - Mere non-recovery of certain dowry items not a s...

Criminal Law – Negotiable Instruments Act – Vicarious Liability under Section 141 – Criminal Appeal against summoning orders issued under Section 138 of the Negotiable Instruments Act without referring to Section 141 – Petitioners argued they were neither signatories of the cheques nor responsible for the company’s daily affairs – Court quashes the summoning ord...

Criminal Law – Summoning of Witness – Petition under Section 311 Cr.P.C. – Criminal Appeal against the trial court's order dismissing the application to summon an eyewitness – Petitioner argues essential evidence was not adduced due to inadvertence – Supreme Court principles emphasize the need for Courts to permit correction of such oversights to administer justic...

Additional Evidence – Judicial Discretion – Criminal Appeal – Held: The Appellate Court’s discretion under Section 391 Cr.P.C. to allow additional evidence is limited to cases where such evidence is essential for a just decision. The petitioner’s failure to produce evidence earlier due to negligence does not justify reopening the case to fill gaps. The dismissal of th...

Criminal Law – Conjoint Hearing of Applications and Main Appeal – Criminal writ petition against the order of the Additional Sessions Judge, Mansa directing conjoint hearing of applications under Sections 311, 310, and 319 Cr.P.C. along with the main appeal – Petitioner contends that adverse decisions on applications would merge with the decision on the main appeal, preventing ef...

Criminal Law – Withdrawal of Surety – Sections 148, 149, 212, 308, 323, 325, 506 IPC – Sections 482 and 444 Cr.P.C. – Petitioner's application for withdrawal of surety bond furnished in favor of the accused Pankaj – Lower court's failure to consider Section 444 Cr.P.C. provisions – Held: Application for withdrawal of surety bond must be reconsidered by t...