Without Partition By Metes And Bounds, Co-Sharer Cannot Seek Recovery Of Possession: Supreme Court Clarifies Limits Of Order VII Rule 7 CPC Supreme Court Holds Plaintiff Entitled To Declaration Of Title Over Undivided Half Share Despite Claiming Entire Property Under Gift Deed Supreme Court Reaffirms Legality Of Remainder Of Natural Life Sentences Without Remission, Dismisses Batch Of Writ Petitions 'State Cannot Take Advantage Of Its Own Wrong': Supreme Court Holds Promotees Entitled To Count Ad Hoc Service For Seniority If Within Quota 'Elevators Are Common Carriers, Entail Heightened Duty of Care': Supreme Court Upholds NCDRC Order Holding OTIS Principally Liable For Death Due To Malfunctioning Lift Supreme Court Dismisses Compensation Claim Under Motor Vehicles Act, Holds Reach Stacker Operating in Custom-Bonded ICD Area Is Not a "Motor Vehicle" Missing ACRs Due To Illegal Termination Cannot Block Higher Judicial Pay Scales: Supreme Court Grants Relief To Rajasthan Judicial Officer Subsequent Suit Generally Transferable To Court Where Earlier Suit On Same Subject Matter Is Pending: Allahabad High Court Successive Anticipatory Bail Maintainable Under BNSS If Fact Situation Changes Or Previous Findings Become Obsolete: Andhra Pradesh High Court Tenant's "Deemed Purchaser" Right Defeated By Retrospective Notification Under Section 88(1)(b) Of Tenancy Act: Bombay High Court Buyer Not Entitled To Refund Of Earnest Money Once Sale Deed Is Duly Executed Under The Agreement: Calcutta High Court Contradictory Pleas Vitiate Defence; Drawer Liable Even If Signed Blank Cheque Was Handed Over: Delhi High Court Working Mother's Relocation To Another City Not A Ground To Completely Deny Overnight Custody To Father: Karnataka High Court Civil Courts Barred From Granting Injunctions Against SARFAESI Actions Even If Partition Suit Is Maintainable: Kerala High Court S.147 NI Act Is A Special Law, Overrides S.320 CrPC; Offence Can Be Compounded At Any Stage Even After Dismissal Of Appeal: Madras High Court Appellate Court Can Allow Additional Evidence To Ensure Fair Adjudication Even If Not Produced In Trial: Madhya Pradesh High Court Police Can Freeze Bank Accounts Under Section 106 BNSS Upon Suspicion Of 'Proceeds Of Crime': Punjab & Haryana High Court

"CRIMINAL LAW" Digest

Criminal Law – Perjury – Sections 191, 193 IPC – Section 340 Cr.P.C. – Application for maintenance under Section 125 Cr.P.C. – Concealment of employment and income – Wife joined as Assistant Professor before filing application – Held: Duty to disclose financial status to court – Concealment intentional and deliberate to obtain maintenance – Hig...

Criminal Law – Discharge of Accused – Sections 6, 14(1-A), 14-A Employees' Provident Funds Act – Societies Registration Act – Section 245 Cr.P.C. – Accused alleged to have failed in paying employer’s contribution to Pension Fund – Burden on complainant to establish accused's responsibility for management and control of juristic entity – No ev...

Criminal Law – Bail – Suppression of Material Facts – Article 21 Constitution of India – Sections 379-B(2), 34 IPC – Section 439 Cr.P.C. – Bail application before Sessions Court during pendency in High Court – Suppression of material facts regarding pending bail application – Held: Suppression not material for determination of bail, right to liberty ...

  Negotiable Instruments – Dishonour of Cheque – Section 139 NI Act – Section 4 Indian Evidence Act – Presumption of Legally Enforceable Debt – Whether absolute – Held: Presumption under Section 139 NI Act is rebuttable – Complainant must prove pre-existing liability and legally enforceable debt – Failure to produce cogent evidence by complai...

Criminal Law – Dishonor of Cheque – Sections 138, 139 NI Act – Section 357(3) Cr.P.C. – Legally enforceable debt – Presumption in favor of holder – Failure to reply to legal notice – Accused's failure to respond to legal notice does not automatically assume acceptance of liability – Held: Presumption under Section 139 is rebuttable – Accuse...

Criminal Law – Unnatural Offence and Aggravated Sexual Assault – Sections 377 IPC and 10 POCSO Act – Conviction based on minor victim’s testimony – Section 377 attracted where penetration occurs on any part of the body, predominant intent must be sexual – Absence of external injury marks on the victim’s body not sufficient to disprove the offence – V...

Criminal Law – Abetment to Suicide – Sections 34, 306 IPC – Petition to Quash FIR – Alleged abetment by threats in February 2019, suicide in May 2019 – Necessity of proximate and live link between threats and suicide – No evidence of contact or threats post-February 2019 – FIR quashed as no direct or indirect act of instigation proven. [Paras 1-27] &nbs...

  Constitutional Law – Premature Release of Convict – Articles 14, 226 – IPC Sections 302, 452, 34 – Cr.P.C. Sections 432, 433 – Conviction post-policy change – Determination of applicable policy for premature release – Policy at the time of conviction to be applied – Policy dated 13.08.2008 applicable for conviction in 2009, superseding earl...

Criminal Law – Anticipatory Bail – Sections 420, 120-B IPC – Section 438 Cr.P.C. – Petitioner, a deed writer, accused in a case involving a fraudulent agreement to sell – Petitioner not a party to the sale – Alleged transaction involved misrepresentation by sellers – Held: Anticipatory bail granted as custodial interrogation not required – Questions ...

Criminal Law - Principles for Parole and Furlough – Grant of Furlough During Elections – Petitioner challenges the order granting furlough to Gurmit Ram Rahim Singh, accused of rape and murder, especially during the Assembly Elections in Punjab – Court holds that furlough is intended to break the monotony of imprisonment and can be granted without specific reasons, but should con...