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 Revision Petition – Discharge of Respondents by Trial Court Challenged – FIR for offenses under Sections 420/406/468/471/384/120B IPC – Allegations of illegal transfer of shares and fraudulent removal as director – High Court sets aside Trial Court order discharging respondents and remands matter for fresh consideration – Held that Trial Court failed to prope...

Criminal Procedure – Appeal Against Acquittal – Section 378(4) CrPC –challenge against the acquittal of the respondent in a case under Section 138, 142 of the Negotiable Instruments Act, 1881 and Section 420 IPC. The application sought to reverse the order of acquittal by the Judicial Magistrate on the grounds of misuse of cheque and insufficiency of funds. [Para 1, 2]   ...

Bail Application – Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985 – Accused seeking bail under Section 439 CrPC for offenses under NDPS Act – Petitioner has a significant criminal history – Bail considered in light of Section 37 of NDPS Act, which imposes stringent conditions for bail in cases involving commercial quantities of narcotic drugs. [Para 1-6] &nb...

Acid Attack – Identification of Assailants – Contradictions and Inconsistencies in Victims' Testimonies – Held – Discrepancies in victims' testimonies regarding the description and actions of assailants raise doubts about accurate identification. Contradictions include inconsistencies about the movement of the motorcycle, the clothing of the assailants, and the dire...

Revision Petition – Challenge to order of Sessions Judge – Dismissal of complaint against the petitioner-accused under Sections 420, 406, 465, 466, 467, 471, and 120-B IPC – Complaint initially dismissed for non-appearance – Sessions Judge’s order setting aside dismissal and remanding for fresh consideration challenged – Interpretation of Section 401 Cr.P.C. &nd...

Criminal Procedure – Revision of Order – Section 311 Cr.P.C. – Court examined the petitioner's application under Section 311 of the Criminal Procedure Code for the recall and examination of defense witnesses in a case involving Section 138 of the Negotiable Instruments Act. The petitioner sought to set aside the orders of lower courts, which dismissed his application for the ...

The petitioner, Nandakumar N, is the 2nd accused in Crime No.26/2021 of Excise Enforcement & Anti Narcotic Special Squad, Ernakulam. He is charged under Sections 20(b)(ii)C, 25, and 29 of the NDPS Act. The application for regular bail is submitted due to his prolonged judicial custody. [Para 2]   The prosecution argued that the petitioner was driving the vehicle in which the contrab...

Attempted Murder Conviction and Appeals – Conviction of appellants Bhima, Ravi, and Munesh under Sections 307/34 IPC for a stabbing incident in 2011 – Sentenced to 7 years of rigorous imprisonment and fines [Paras 1-4]. Suspension of Sentence Applications – Filed under Section 389 Cr.P.C. – Based on prolonged trial, incarceration, and claims of false implication – ...

Criminal Law – Negotiable Instruments Act – Compounding of Offence – In the case of Devender Sharma versus State NCT of Delhi & Anr, the High Court of Delhi, presided by Hon'ble Mr. Justice Manoj Jain, dealt with a revision petition under Section 397, read with Sections 401 & 482 of Cr.P.C., challenging the conviction and sentence under Section 138 of the Negotiable I...

Criminal Appellate Jurisdiction - Framing of Additional Charge - Accused charged under Sections 302, 498-A, 120-B of IPC - Prosecution alleges abetment of suicide - Additional charge framed under Section 306 IPC - Challenge to the framing of the additional charge. (Para No. 1, 4, 5, and 8) Jurisdiction of Trial Court - Power to alter or add charges - Section 216 of Cr.P.C. - Additional charge f...