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 Order 21 CPC | Separate Suit Challenging Auction Sale Barred for Pendente Lite Transferees; Remedy Lies in Execution Proceedings: Supreme Court Non-Signatories Cannot Force Arbitration: Supreme Court Blocks Claim by Sub-Contractor Against HPCL 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 – Conviction and Sentence in POCSO Case – Appeal against conviction and sentence by Special Judge, POCSO, Araria, for offences under Sections 376, 302 of the IPC, and Section 3(2)(v) of the SC/ST Act – Conviction based on circumstantial evidence and confessional statement. [Para 1, 12]   Investigation and Trial Process – Case initiated based on mi...

Sexual Offence Against Minor – Appeal against Conviction – Criminal Appeal against the judgment of conviction and sentence dated 23.06.2022 passed by the First FTSC (POCSO) Additional Sessions Judge, Bilaspur – Appellant convicted under IPC Section 324 and POCSO Act Section 5(L)(M)(N)/6 for sexually assaulting his minor daughter – Conviction based on the victim’s sole...

Marriage Annulment – Forced Marriage – Nullity of Marriage: Appeal against Family Court’s dismissal of annulment petition – Petitioner’s claim of forced marriage at gunpoint, without consent or customary rituals – Family Court’s failure to frame issues and prepare a decree – Judgment set aside, marriage annulled. [Paras 2, 13-14, 38] Evidence and ...

NDPS – Appeal against Trial Court's Conviction – N.D.P.S. Act – Conviction under Section 22 for possession of 400 MICROLIT Tablets – High Court finds serious flaws in the investigation and trial process, leading to doubts about the prosecution's version – Judgment of conviction and order of sentence set aside, appellant acquitted. [Paras 7-14]   Fai...

  Petitioner’s Claim for Re-investigation – Petitioner, belonging to SC community, alleges wrongful implication of her family in the murder of her husband and others due to media and public pressure on Delhi Police – Seeks transfer of case to CBI or an independent agency – Highlights lapses in police investigation, including delay in FIR registration, failure to exa...

Cheque Dishonour – Section 138 of the Negotiable Instruments Act – Reversal of conviction by the appellate court challenged – Trial court convicted the accused for dishonour of cheque amounting to ₹1,75,000; Appellate court acquitted the accused – High Court finds misappreciation of evidence by appellate court, reinstates trial court's conviction. [Para 1, 18-42] &...

Bail Application – Regular Bail – Petitioner seeks regular bail in FIR No.197 dated 04.06.2021, under Section 17 of the NDPS Act – Petitioner in custody for over 1½ years – Allegation of false implication – Investigating officer failed to appear despite summons, bailable warrants, and warrants of arrest – Family of the petitioner in extreme hardship &ndas...

Criminal Appeal – Sentencing in murder case – Convicts held guilty for various charges including murder, conspiracy, and destruction of evidence – Aggravating and mitigating circumstances considered – Court emphasizes reformation and integration of convicts into society – No “rarest of rare” circumstances found – Convicts sentenced to imprisonment fo...

Criminal Procedure – Quashing of Proclamation Order – Petitioners declared as proclaimed persons under Section 82 Cr.P.C. in a complaint under Section 138 of the Negotiable Instruments Act – Settlement between the parties and withdrawal of the complaint – Quashing of proclamation order due to settlement and procedural contravention. [Paras 1-2] Compromise – Effect ...

Live-in Relationship and Protection of Life and Liberty – Petition under Article 226 for protection against threats from family members – Petitioners in a live-in relationship seeking mandamus against false implication in criminal cases by private respondents – Family members of petitioner No.1 threatening their lives. [Para 1-2]   Marital Status and Legal Implications...