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 Law - Assault Incident due to Old Enmity – Conviction of Bhola under Sections 323/34 IPC by the Special Judge SC/ST Act for assaulting complainant Ramu due to old village enmity and political differences – Incident allegedly involving lathi beating [Paras 3, 4, 9]   Factual Background and Lower Court Proceedings – FIR lodged against Bhola for assaulting a Sche...

Negligence - Liability for compensation - Distinction between civil and criminal negligence - Receipt of compensation for criminal liability does not bar claim for compensation for civil wrong - Liability to pay compensation for civil wrong and criminal wrong are independent and mutually exclusive - Liability of respondents to pay compensation established. [Para 8.1]   Standard Compensa...

Criminal Law – Gang Rape – Evidence Evaluation – involving the rape of a woman in the vicinity of a small stream on knife point by the three accused - appeals filed by the convicts against their conviction under Section 376(2)(g) read with Section 34 of the IPC for gang rape - examined the credibility of the victim's testimony, the medical evidence, and the relevance of the a...

Penal Code 1860 (IPC) - Section 306 - Abetment of suicide - An FIR under Section 306 of IPC cannot be quashed on the basis of any financial settlement with the informant, surviving spouse, parents, children, guardians, caregivers, or anyone else - Heinous or serious crimes with a serious impact on society cannot be compromised - High Court's quashing of FIR based on settlement between accused ...

Bail application - Grant of bail - Serious offense of kidnapping for ransom - Sections 364A, 365, 342, 323, 506, 120B, 34 IPC - Petitioner, a young man with no criminal antecedents, seeks regular bail in a case registered under various sections of the IPC - Prosecution alleges that the petitioner kidnapped the victim for ransom - Bail denied by lower court - Petitioner claims discrepancies and gap...

Incident and Initial Investigation – Incident on 26.07.2007 resulting in the death of three persons – FIR lodged by Shyam Singh (PW-1) – Chargesheet against five accused including appellants – Initially charged under Sections 147, 148, 149, 302, 504 IPC in Case Crime No. 412 of 2007 [Para 1].   Trial Proceedings – Examination of five prosecution witnesses i...

Bail - Grant of - Factors to consider - Nature of allegations, criminal antecedents, opportunity to course-correct - Balancing personal freedom and police investigation - Discretion of the court - Strict conditions to prevent influencing investigation, tampering with evidence, or fleeing justice - Prima facie case and reasons for release on bail - Possibility of deprivation of rights and liberties...

. Criminal Procedure Code, 1973 - Section 340 - Proceedings under - Maintenance proceedings - Duty to disclose financial status - Petitioner deliberately withholding information about employment and income - False evidence given in court - Inquiry ordered under Section 191 IPC - Petition dismissed. (Para 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12)   2. Indian Penal Code, 1860 - Sections 191 and...

Criminal Procedure Code – Section 311 and 482 – Summoning of Investigating Officer as Witness – Application under Section 482 Cr.P.C. dismissed – The Allahabad High Court in the case of Sanjeev Kumar And 3 Others v. State Of U.P., addressed an application under Section 482 Cr.P.C. challenging the trial court's refusal to summon the investigating officer under Section 31...

Rejection of application for temporary release on parole - Insufficiency of grounds - Violation of statutory provisions - Granting parole based on likelihood to endanger security of the State or maintenance of public order - Apprehensions without supporting material - Unsustainable order Prisoners - Temporary release on parole - Rejection of application - Grounds for rejection - Apprehension of...