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 – Quashing of FIR – Compromise Between Parties – Neighbourhood Dispute – FIR registered for offences under Sections 191(2), 115(2), 352, 351(3), 324(4) BNS, 2023 arising out of a minor altercation between neighbours – During investigation, parties entered into an amicable settlement – Accused approached High Court under Section 482 Cr.P.C. seeking q...

Prevention of Corruption Act, 1988 – Jurisdiction to Investigate – Central Government Employee – State Anti-Corruption Bureau – Question whether State ACB has authority to register FIR, investigate and file charge-sheet under the PC Act against a Central Government employee within the territorial jurisdiction of the State – Held: State ACB has jurisdiction to investig...

Anticipatory Bail – Summoning under Section 319 CrPC – Effect of Closure Report Accepted by Court – Protection from Arrest by Supreme Court – Petitioner was named in FIR but Investigating Agency filed a Closure Report qua him – Closure Report accepted after notice to defacto-complainant and order attained finality – Petitioner was not sent for trial and charge-s...

Criminal Procedure – Bail Jurisprudence – Continuing Mandamus – Nationwide Compliance Monitoring – Supreme Court examined compliance with its earlier directions issued in Satender Kumar Antil vs. CBI and subsequent orders dated 06.08.2024, 21.01.2025 and 15.10.2025 – Despite filing of addendum to compliance report by Amicus Curiae, several States, Union Territories, H...

Criminal Law – Quashing of FIR – Section 528 BNSS – Scope of Interference at Investigation Stage – Petitioner sought quashing of FIRs registered for offences under Sections 132, 224, 352, 351(3), 353(2) and 56 of BNS arising out of a single incident – FIRs registered within days of incident and investigation yet to commence in earnest – Held: FIR is not an encyc...

Motor Vehicles Law – Bike Taxis as Transport Vehicles – Sections 2(7), 2(25), 2(47), 41(4), MV Act, 1988; Rule 2, CMV Rules, 1989; Central Government Notification S.O.1248(E) dated 05.11.2004; Central Government Clarification No. RT-11021/34/2023-MVL dated 22.01.2024 – Affirmative Finding – The High Court held that a motorcycle, capable of carrying a rider and a pillion pas...

Maintenance – Interim Maintenance – Section 125 Cr.P.C. – Sufficient Means – Physical Incapacity of Husband – Revisionist-wife sought interim maintenance claiming opposite party to be a practicing doctor having sufficient means – Trial Court rejected interim maintenance holding that husband had become incapable of earning due to grievous firearm injury – H...

Criminal Law - Bail – Regular Bail – Abetment of Suicide and Dowry Death Allegations – Appellant husband accused under Sections 108 and 80 BNS and Sections 3 and 4 of Dowry Prohibition Act in connection with death of wife – High Court rejected bail solely on seriousness of offence – Supreme Court examined FIR, case diary statements, post-mortem and surrounding circums...

Criminal Law – Section 482 CrPC – Quashing of Proceedings – Mechanical Cognizance on Protest Complaint – Magistrate took cognizance of offences under Sections 420, 468, 471 r/w 34 IPC on a protest complaint after police filed refer report finding allegations false – Order merely recorded “prima facie case made out” without reasons – No discussion of ...

Criminal Law – Discharge – Scope at Preliminary Stage – Accused seeking discharge contending that he was neither Director nor shareholder of accused company – Magistrate relied on Registrar of Companies records showing petitioner as Director – At discharge stage, court required to see prima facie material and not conduct a roving enquiry – Held: Existence of doc...