Abandoning Arbitration Proceedings Bars Fresh Section 11 Application On Same Cause Of Action: Supreme Court Department Must Lead Evidence, Examine Witnesses To Prove Charges Unless Employee Clearly Admits Guilt: Supreme Court Order IX Rule 13 And Section 96 CPC Have Distinct Scopes; Minor Unrepresented In Original Suit Can Seek Setting Aside Ex-Parte Decree: Supreme Court Minor Heir Cannot Be Expected To Respond To Public Notice Independently: Supreme Court Sets Aside Ex Parte Succession Certificate Supreme Court Restores Acquittal In POCSO Case, Holds DNA Evidence Not Infallible If Blood Sample Collection Is Disputed Bar Under Section 197 CrPC Applies At Stage Of Cognizance; Subsequent Notification Cannot Invalidate Valid Proceedings: Supreme Court State Cannot Apply Harsher Remission Policy Retrospectively To Deny Premature Release: Supreme Court Superficial Bail Orders In Dowry Death Cases Weaken Public Faith In Judiciary: Supreme Court Cancels Husband's Bail Non-Deposit of Balance Amount During Suit Doesn't Prove Lack Of Readiness: Bombay High Court Grants Specific Performance Of 1978 Oral Agreement Teacher Appointed In 'Pass' Graduate Category Entitled To Higher Pay Scale Upon Acquiring Master's Degree During Service: Calcutta High Court Ex-Parte Maintenance Order Under Section 144 BNSS Must Be Challenged Before Family Court First, Direct Revision Not Maintainable: Allahabad High Court Occupant Cannot Be Denied Electricity Merely Because Decree-Holder Demands Disconnection Pending Eviction: Andhra Pradesh High Court Anticipatory Bail In PMLA Cannot Be Granted If Accused Obstructs Probe & Gives False Answers Even If Beneficiary Of Section 45 Proviso: Delhi High Court Tender Condition Disqualifying Bidders For Past Bridge Collapses Does Not Amount To Blacklisting: Gauhati High Court Mere Unauthorized Entry On Government Land Does Not Constitute Criminal Trespass Without Intent To Annoy: Himachal Pradesh High Court Mere Buildings Without Life-Saving Machinery Don't Fulfil Article 21 Mandate: Jharkhand HC Orders State-Wide Functional Burn Wards Within 120 Days Unestablished Claim Of Co-Heirship Does Not Mandate Reference To Civil Court For Apportionment Of NHAI Compensation: J&K High Court Accused Cannot Defer Cross-Examination By Merely Claiming Defence Strategy Will Be Disclosed: Madhya Pradesh High Court Allegations Confined To Negligence, Not Criminal Intent: Punjab & Haryana High Court Grants Anticipatory Bail To Ex-SGPC Secretary In Missing 'Saroops' Case True Owner Cannot Unlawfully Enter Tenanted Premises Under Guise Of Ownership To Commit Offence: Kerala High Court Upholds Landlord's Conviction RTO Officials Cannot Seize Vehicles Without Specific Statutory Authority; Actions Pending Writ Proceeding Highly Improper: Karnataka High Court Supreme Court Flags West Bengal Incidents, Orders Central Forces to Shield Judges on Ground Duty Two-Judge Bench Can Modify Three-Judge Bench Orders: Supreme Court Supreme Court Cancels Bail Of 'Grand Venice' Promoter, Forfeits ₹50 Crore Deposit Over Siphoning Of Funds During IBC Moratorium

"CRIMINAL LAW" Digest

Criminal Law – BNSS – Section 175(4) – Interpretation – Not a Standalone Provision – Issue whether Section 175(4) operates independently or in conjunction with Section 175(3) – Held: Sub-sections (3) and (4) are not isolated silos – Power to order investigation flows primarily from Section 175(3) – Section 175(4) provides an additional procedural saf...

Negotiable Instruments Act – Dishonour of Cheque – Section 138 – Reversal of Acquittal – Trial Court acquitted accused on ground that complainant failed to prove financial capacity to advance loan of ₹10,00,000 – Lower appellate Court reversed acquittal and convicted accused – Held: Once issuance of cheque and signature are admitted, statutory presumptions und...

Suspension of Sentence – Deposit of Fine as Condition – Recall of Condition – Appellant convicted under Section 8/15 NDPS Act and sentenced to 10 years imprisonment – Sentence suspended earlier subject to deposit of fine of Rs.1 lakh – Appellant unable to deposit fine due to poverty and continued to remain in jail despite suspension order – Held: Imposition of a...

Section 125 Cr.P.C. – Maintenance denied – Wife gainfully employed and financially secure – Concealment of income and assets – Abuse of process – Family Court order upheld.   Maintenance – Section 125 Cr.P.C. – Wife’s Independent Income – Entitlement – Maintenance under Section 125 Cr.P.C. is payable only when wife is unable to...

Criminal Law – Quashing - Drugs and Cosmetics Act – Rule 45 – Mandatory Time Limit – Quashing of Prosecution – Criminal prosecution launched against manufacturer and its directors alleging manufacture of drug not of standard quality – Samples drawn on 12.07.2022 and sent to Government Analyst on 14.07.2022 – Analyst sought extension only on 01.11.2022, i.e...

Criminal Law – Murder and Rape – Conviction Based on Circumstantial Evidence – Acquittal – Appellant convicted under Sections 302 and 376 IPC for alleged rape and murder of a young woman inside a house – Prosecution case rested entirely on circumstantial evidence and alleged “last seen” circumstance – No direct eyewitness to the occurrence – He...

Criminal Law - Forgery of Will – Pendency of probate proceedings no bar to criminal prosecution – Magistrate justified in directing FIR under Section 156(3) CrPC – Quashing at threshold declined – Investigation to proceed. Criminal Law – Forgery of Will – Parallel Probate Proceedings – Maintainability of FIR – Registered Will dated 29.04.2011 chal...

Rape and Murder of Five-Year-Old Child – Brutal Sexual Assault using Knife – DNA and Circumstantial Evidence Complete – Conviction under BNS and POCSO Affirmed – Case falling in “Rarest of Rare” – Death Sentence Confirmed. Criminal Law – Rape and Murder of Minor Child – Brutal Sexual Assault – Conviction Affirmed – Deceased girl ...

of Parents – Gift Deed – Implied condition of care – Failure to provide basic amenities – Tribunal can infer condition from conduct and circumstances – Cancellation of gift deed upheld under Section 23, Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Writ interference declined. Maintenance and Welfare of Parents and Senior Citizens Act, 200...

Criminal Trial – Alteration of Charge – Right to Fair Trial – Section 217 CrPC – Trial Court initially framed charges under Sections 498A and 304 IPC – After closure of prosecution evidence, charges altered to Sections 498A/34 and 304B/34 IPC – No opportunity granted to accused to recall or further cross-examine prosecution witnesses with reference to amended ch...