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

Bail – Second Bail Application – Murder of Wife by Strangulation – Section 103(1) BNS – Earlier Bail Withdrawn – Second Bail Filed Without Change in Circumstances – Rejection Justified – Applicant sought bail for the second time after having earlier withdrawn the first bail application during trial proceedings – No substantial change in circumstances...

Criminal Law  – Examination of Accused – Section 313 CrPC / Section 351 BNSS – Mandatory Duty of Court – Fair Trial – Convict sentenced to death for rape and murder of a five-year-old child – Trial Court failed to put vital incriminating circumstances, including DNA report, toxicology report and Section 164 CrPC statements, to the accused – Long omnib...

Criminal Law – Attempt to Murder – Section 307 IPC – Essential Ingredients – Mere causing of grievous injury is not determinative for attracting Section 307 IPC – Sine qua non is existence of intention or knowledge of a homicidal degree – Such intention must be inferred from weapon used, nature and location of injuries, manner of assault, conduct of accused and ...

Bail – UAPA – Section 43D(5) – Prima Facie True Test – At the stage of bail, Court is required to assess material on broad probabilities and not conduct a detailed trial – Documents and investigation material to be taken as they are, without testing admissibility or reliability – Held: Accusation against the appellant found prima facie true on cumulative assessm...

Anticipatory Bail – Corruption and Economic Offences – Public Servants – Stringent Scrutiny – Petition under Section 482 BNSS seeking pre-arrest bail in FIR registered under IPC and Prevention of Corruption Act alleging forged work orders, manipulated estimates and illegal release of payments – Petitioners were public servants posted in Municipal Corporation Accounts ...

Family Law - Marriage – Irretrievable Breakdown – Article 142, Constitution of India – Divorce Granted Despite Opposition – Marriage solemnised in 2012 – Parties cohabited only for 65 days and living separately for more than a decade – More than 40 civil and criminal proceedings initiated inter se – Repeated failure of mediation including before Supreme Co...

Criminal Law – Culpable Homicide Not Amounting to Murder – Section 304 IPC – Group Assault with Lathis and Dandas – Conviction Sustained – Deceased sustained multiple grievous injuries in a concerted assault by appellants armed with lathis and dandas – Death occurred as a direct consequence of injuries – Held: Nature, number and gravity of injuries coupled...

Criminal Law – Section 311 Cr.P.C. – Scope and Object – Production of Electronic Evidence – Revision petition assailing order of Judicial Magistrate allowing complainant to tender a pen drive containing recorded conversation along with certificate under Section 65-B of the Evidence Act during examination-in-chief – Earlier CD containing the conversation had become unr...

Anticipatory Bail – Sexual Relationship on False Promise of Marriage – Refusal – Petitioner sought anticipatory bail in crime alleging cheating, criminal intimidation and promise to marry – Allegations disclosed sustained sexual relationship induced by promise of marriage – Mediation failed and petitioner refused to file affidavit agreeing to marry – Held: Consi...

NDPS Act – Sections 21(b) & 22(c) – Conviction Set Aside – Non-compliance of Section 50 – Acquittal – Appellant convicted for possession of cocaine and LSD and sentenced to rigorous imprisonment of ten years and five years respectively – On appeal, High Court examined compliance of statutory safeguards under Section 50 NDPS Act – Held: Conviction unsus...