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 Revision Petition – Discharge Application – Revision petitioner, the 3rd accused, seeks discharge from the case – Offences alleged under Sections 143, 147, 148, 341, 323, 324, 326, 308, and 149 of the Indian Penal Code – Petitioner asserts innocence and non-involvement in the case – De facto complainants express no objection to discharging the petitioner &nda...

Bail Application – Denial of Bail by Trial Court – Petitioner seeks release as an undertrial in a case registered under Sections 307, 353, 186, 506 of the Indian Penal Code, 1860 and Section 27 of the Arms Act, 1959, following the denial of bail by the trial court. The case pertains to allegations of the petitioner threatening and firing shots at his wife, daughter, and the police. [Pa...

Quashing of FIR: The petitioner, Ravi Kant, seeks the quashing of FIR No. 2387 dated 12.12.2019, registered under Section 174-A of IPC, 1860, at Police Station Shivaji Nagar Gurugram, following his declaration as a proclaimed person in a case concerning a dishonored cheque [Para 1].   Compromise & Settlement: A compromise was reached between the petitioner and the complainant, leadi...

Civil Appeal – Specific Performance – Appellant defendant contesting a suit for specific performance – Sale Agreement executed for purchase of properties – Defendant's contention that Agreement was executed as security for a loan and not with the intent to sell – Lack of readiness and willingness on part of plaintiff – Examination of evidence – Trial C...

Narcotics Drugs and Psychotropic Substances Act (NDPS Act) - Bail Application - Accused seeking bail in a case under NDPS Act and other sections - Criminal history of the accused - Co-accused granted bail under similar circumstances - Bail granted with stringent conditions. [Para 1-12] Conditions for Bail - Stringent conditions imposed to ensure accused's compliance with the law - Surrender...

Criminal Appeal – Acquittal of Respondents – Appellant Tek Chand under Section 372 of the CrPC challenges the acquittal of respondents Ashok, Shobha Ram, Yogesh, Rakesh, and Rukamesh for offenses under Sections 147, 148, 302, 452 & 506 IPC. The appellant contends that the acquittal was improperly granted, with no representative present for the appellant during hearings. [Para 1, 2,...

Criminal Revision – Challenge to framing of charge under Section 306 of IPC – Petition filed under Section 397 and 401 of Cr.P.C. to revise the trial court's decision – Court's primary task to evaluate the sufficiency of allegations for trial. [Para 1, 3]   Factual Background – Matrimonial Dispute and Suicide – Marriage between petitioner No. 3 and ...

Criminal Misc. Bail Application – Second Attempt – Applicant Prem Paudel seeks bail in a case under the N.D.P.S. Act, having previously been denied by the Court – Application filed for reconsideration based on material change in circumstances. [Para 1-3] Prosecution Case – Claimed violation of Sections 8/18/23/29 of the NDPS Act by the applicant – Counsel for the a...

Writ - Criminal Law – Offence under Section 304(A) IPC for Causing Death by Negligence – Petition for Return of Seized Driving License – The petitioner, K. Perumal, drove a bus involved in a fatal accident, resulting in the registration of a case under Section 304(A) IPC. The second respondent police seized the petitioner's driving license and handed it to the first responden...

Criminal Law – Quashing of Complaint under Section 482 CrPC – Complaint under Section 138 of NI Act – Chief Financial Officer's Liability – Dismissal of Petition   Quashing Petition – Petition filed under Section 482 CrPC for quashing of complaint under Section 138 NI Act against petitioner, Chief Financial Officer of Accused No.1 company – Petiti...