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 Resignation Forfeits Pension Rights, But Gratuity Is Statutory: Supreme Court Partly Allows Appeal of DTC Employee’s Legal Heirs Appellate Courts Can’t Blanket-Exempt Convicted Directors from Deposit under NI Act Merely Because Company Wound Up: Supreme Court Refers Interpretation of Section 148 to Larger Bench Agreement to Sell Does Not Create Any Right in Property, Hence No Right to Compensation on Acquisition: Allahabad High Court

"CRIMINAL LAW" Digest

Criminal Law – Anticipatory Bail – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – The Gujarat High Court considered the applications for anticipatory bail under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, in connection with FIR No. 11192050240041 at Sanand Police Station, Ahmedabad (Rural). The appel...

Bail – Delay in trials and undertrials’ prolonged incarceration – Concerns about prosecution’s conduct in criminal cases leading to trial delays and undertrials languishing in jail – Court’s attention drawn to orders highlighting such issues – State directed to enforce the Standard Operating Procedure (SOP) for timely appearance of prosecution witnesses &n...

Application for Anticipatory Bail - FIR alleging involvement in a case under IPC Sections 107 and 306 - Accused seeking anticipatory bail due to delayed FIR and absence of direct allegations in the suicide note. [Para 1, 5] FIR Review and Discretion of Court - Analysis of FIR, nature of allegations, and roles attributed to the accused, leading to the decision to grant anticipatory bail. Importa...

Bail - Constitutional Law – Personal Liberty – Arrest – Necessity for justification – Arrest and detention in police lock-up causing harm to reputation and self-esteem – Arrest cannot be made in a routine manner on a mere allegation of offense – Justification required for arrest apart from the power to arrest – Arrest to be avoided if reasonable satisfacti...

Application for Quashing FIR and Proceedings – Involving Mega Grain Trading Pvt. Ltd. – FIR for offenses under Sections 406, 420, and 114 of IPC – Request to quash based on amicable settlement between parties. [Para 4, 5, 6, 11] Amicable Settlement and Affidavit by Complainant – Parties reached a mutual settlement during the pendency of proceedings – Original compl...

Maintenance Awarded by Family Court – Challenged by Husband – Family Court ordered husband to pay Rs. 40,000/- monthly for wife and daughter maintenance – Husband’s revision application under Section 397 read with Section 401 of Cr.P.C. claiming inability to pay and contesting wife’s ability to earn – [Para 1, 2, 4]   Assessment of Maintenance –...

The accused, Ashok Kumar, challenged the conviction and sentence for an offence under Section 138 of the NI Act related to cheque dishonour due to insufficient funds - Asserting that the cheque was not drawn from his account but by another individual, Ashu Dhiman - Key issue is whether the cheque was drawn from an account maintained by the accused [Paras 1, 19-20, 22-23, 31].   Trial an...

Contempt of Court - Suo Motu Cognizance - Jurisdiction of High Court - Interpretation of Contempt of Courts Act, 1971, Section 10, and Proviso to Section 10 - Scope of Article 215 of the Constitution of India - Court's authority to punish for contempt of itself and its subordinate courts - Jurisdiction to take action against contempt of court - Distinction between IPC offenses and Contempt of ...

Theft and Recovery of Bicycles – Petitioners accused of stealing bicycles – Recovery of stolen bicycles from possession of A.1 and A.2 following their arrest – Identified by the original owners in a Test Identification Parade. [Paras 3, 5, 11-17, 20-21]   Conduct of Test Identification Parade – Petitioners’ contention that Test Identification Parade was not...

Negotiable Instruments Act – Section 138 – Acquittal of drawer for dishonor of cheque – Appellant’s failure to prove service of legal demand notice crucial for the appeal against acquittal – Requirements under Section 138 NI Act not fulfilled – Appeal dismissed. [Para 1, 5, 20, 26]   Cheque Dishonor – Legal Demand Notice – Importance of pr...