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

Bail application - Allegations under Prevention of Money Laundering Act (PMLA) - Serious allegations against accused Deputy Chief Minister/Excise Minister for formulating excise policy to benefit certain individuals and receiving illegal gratification - Defense challenges credibility of Enforcement Directorate (ED) case based on inconsistent statements and contradictions in witnesses' testimon...

Criminal Procedure – Anticipatory Bail – Scope and Limitations – Section 438 CrPC: The Supreme Court emphasized that when dealing with an application under Section 438 CrPC, the court must confine itself to determining whether the applicant has made out a case for anticipatory bail. Any conditions imposed must be appropriate, apposite, reasonable, and relevant to the scope o...

Criminal Law – Quashing of Proceedings – Jurisdiction and Legal Procedures – The Allahabad High Court addressed the legality of police action and judicial cognizance in a case involving election-related offences under Sections 171 H and 188 of the Indian Penal Code. The court scrutinized the jurisdictional aspects of FIR registration, charge sheet preparation, and the magistrate&...

Criminal Appeal – Acquittal in charges under Sections 306/498-A RPC – Lack of substantive independent evidence – Failure to prove abetment – Analysis of prosecution evidence – Dying declaration as primary evidence – No direct nexus between respondent’s actions and victim’s suicide – Testimony of star witnesses inconsistent – Cordial relat...

Abuse of Process of Law – Misuse of legal proceedings to achieve something for which no cause exists – Unjust continuation or initiation of criminal prosecution – Abuse of process amounts to unfairness and injustice to the complainant or prosecution – Examination of facts and circumstances in each case. (Para 110-112)   Fair Trial – Adjudicative functions o...

Quashing of Proceedings – Incompetence of Complainant – Inadequate Authority of Additional Chief Medical Officer – Pre-Natal Diagnostic Techniques Act Violations –  Court holds that the Additional Chief Medical Officer, who filed the complaint, was not the ‘appropriate authority’ as mandated under Section 28 of the Act of 1994. Observes that the complaint w...

Appeal Against FIR Order Under SC/ST Act – Challenging order for FIR against ACP Bijender Singh under SC/ST Act for alleged misconduct during investigation of FIR No. 261/2019 – Original case involved parking dispute between complainant and police personnel, leading to allegations of atrocity under the SC/ST Act. [Paras 1, 2]   Investigation Conduct and Chargesheet Filing &n...

Criminal Procedure Code – Section 482 – Quashing of FIR – Petition under Section 482 CrPC challenging the order for FIR registration and its subsequent quashing – Dismissal of petition based on detailed investigation and material collected – Observations made not to be construed as an opinion on the merits of the case. [Para 9, 16]   Criminal Breach of Trus...

Brief Facts: Petitioners were charged under the NDPS Act for involvement in drug trafficking and were seeking bail (Para 1-3). Allegedly caught with significant quantities of drugs based on secret information, they have been in custody since 04.05.2020, and their trial has made slow progress (Para 3).   Issues: Whether the petitioners can be granted bail based on the circumstances of th...

Criminal Revision – Discharge Application – Section 138 of the Negotiable Instruments Act – addressed the application filed under Section 482 of the Criminal Procedure Code (Cr.P.C.), seeking quashing of the order and proceedings in a complaint case under Section 138 of the Negotiable Instruments Act. [Para 2, 12]     Factual Background – The applicant, f...