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

Advocate’s Role – Quashing of FIR – Petitioner, a practicing Advocate, questioned revenue officials during an encroachment removal operation – Charged under Sections 341 and 353 of IPC – Petitioner’s demeanor considered in light of his profession – Advocate’s actions aimed at safeguarding client’s rights, not obstructing officials – Conti...

Criminal Appeal – Challenge to conviction and sentence – Appellants convicted of various offenses, including murder and under the SC/ST (Prevention of Atrocities) Act – Multiple appeals arising from a common judgment – Arguments raised regarding inconsistencies in eyewitness testimonies, doubts about the place of occurrence, and the sufficiency of evidence. [Para 8-9] &n...

Criminal Petition – Quashing of proceedings – Accused seeks quashing of order rejecting discharge application – Accused No. 8, Dr. Neha Bansal, a doctor, was implicated in a case involving the alleged leakage of question papers in a postgraduate entrance test – The government constituted an inquiry committee, which found malpractice and referred the matter to the CBI &ndash...

Quashing of Complaint - Negotiable Instruments Act - Proceedings under Section 138 of the Act - Petitioners challenging proceedings instituted against them - Accused persons include Directors and office bearers of a company - Cheque issued for credit facility - Chairman of the Company issued the cheque, which was signed by him - Chairman passed away after issuance of the cheque - Accused No. 2 suc...

Criminal Writ Petition - Quashing of Detention Order - Challenging orders under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black-Marketing of Essential Commodities Act, 1981 (MPDA) - Alleged personal disputes forming the basis for the detention order - Acts alleged do not cons...

Criminal Procedure – Examination of Accused – Failure to question the accused under Section 313(1)(b) of the Code of Criminal Procedure – Effect on proceedings – Revision petitions challenging concurrent convictions under Section 138 of the Negotiable Instruments Act – Accused denied a fair opportunity to explain incriminating circumstances – Failure to comply w...

Criminal Procedure Code, Section 451 – Representation of People Act, Section 78 – Release of seized currency notes during ongoing investigation – Petitioner, a politician, faced allegations of amassing wealth disproportionate to known sources of income – Currency notes seized during the investigation – Application for release under Section 451 Cr.P.C. – Petition...

Quashing of FIR under Section 482 of the CrPC – Allegations under Section 8, 15 of the NDPS Act, 1985 – Petitioner accused of involvement in transportation of contraband poppy straw – No recovery of contraband from the petitioner – Absence of tangible evidence linking petitioner to the crime – Reliance on disclosure statement of co-accused under Section 27 of the Indi...

Default Bail - Grant of default bail under Section 167(2) of the Code of Criminal Procedure - Petitioner filed a petition under Section 482 for setting aside an order resulting in miscarriage of justice - Facts involve an FIR registered for carjacking and subsequent arrest of the petitioner - Police did not present the challan within 60 days - Petitioner moved for default bail on the 61st day - Ch...

Appeal against conviction – Appellants convicted for offenses under Sections 306 and 498A of IPC – Revision petitioners challenged the judgment in appeal – Conviction under Section 498A of IPC not sustainable due to absence of valid marital relationship – Ext.P3 agreement not a substitute for a legally valid marriage – Validity of marriage depends on various factors i...