Foreign Laws Must Be Proved Like Facts: Delhi HC Grants Bail in Cryptocurrency Money Laundering Case Acquittal in Criminal Case Doesn't Invalidate Departmental Inquiry Findings: Gujarat High Court Responsibility to Install and Maintain Lies with Appellant’ in IOC Dealership Case: Andhra Pradesh High Court Affirms Truth Must Prevail Using Best Available Science: Allahabad High Court Upholds DNA Test Order in Paternity Dispute for Maintenance Claim No Evidence of Life-Threatening Injury: Bombay High Court Reduces Conviction from Attempted Murder to Simple Assault State Policy Directions Cannot Override Regulatory Commission’s Quasi-Judicial Powers: Supreme Court Scope of Referral Courts in Arbitration is Strictly Limited to Existence of Agreement, Not Merits of Dispute: Supreme Court Clear Tendency in Complainant to Improvise Allegations to Settle Marital Scores: High Court on Bail Evidence of Adultery, Cruelty, and Desertion Insufficient: Jharkhand High Court Affirms Dismissal of Divorce Petition Legal Heirs Cannot Be Denied Defense: High Court Remands Partition Suit for Fresh Hearing Karnataka High Court Rejects Time-Barred Suit, Emphasizes 'No Allegations of Fraud or Coercion Bombay High Court Quashes Five-Year Rent Revision Clause in Government Leases, Upholds Ready Reckoner-Based Calculations

"CRIMINAL LAW" Digest

Criminal Law - Quashing of Complaint and Summoning Order - Petition under Section 482 CrPC - Complaint against Independent Director of company for offenses under Sections 120-B, 406, and 420 IPC - Petitioner served as Independent Director from 04.07.2018 to 14.02.2020 - Alleged offenses occurred between 2006 and 2017, prior to petitioner's involvement with the company - No material evidence in...

Criminal Law - Quashing of FIR and Charge-sheet - Petition under Section 482 CrPC - Criminal Appeal against the order of High Court refusing to quash FIR for abetment of suicide - FIR lodged for offenses under Sections 306, 506, and 34 IPC - Complainant filed no objection to the quashing of FIR - Allegations in suicide note and FIR vague and do not attract Section 306 IPC - Compromise reached betw...

Criminal Law – Circumstantial Evidence – Acquittal – Appeal by the State against the acquittal of the respondent for murder charges under IPC. The prosecution’s case was based on weak circumstantial evidence, unsubstantiated recovery claims, and inconsistencies in witness testimonies. Held, the circumstantial evidence presented failed to establish the guilt of the accused b...

Criminal Law – Appeal against Conviction – Delay in Filing – Petition under Section 482 Cr.P.C. challenging the dismissal of an appeal against conviction under Section 138 of the Negotiable Instruments Act, 1881, on the grounds of delay. The appeal was dismissed without considering the exclusion of the time taken to prepare the certified copy of the judgment. Held, the period con...

Criminal Law – Quashing of Charges – Criminal Conspiracy and Breach of Trust – Petition under Section 482 Cr.P.C. challenging charges framed under Sections 406 and 120B IPC by the Trial Court. The petitioner contended that she cannot be held liable for offences allegedly committed by her late husband. Held, quashing of charges is an exception to the rule and should not be done at...

Service Law – Seniority – Promotees vs. Direct Recruits – Application of Catch-up Rule – Writ petition challenging final seniority list of Audit Officers – Petitioner (promoted under reserved category) placed below directly recruited Audit Officers – Held that direct recruits cannot be granted seniority retrospectively – Catch-up rule applies to senior gen...

Criminal Procedure – Quashing of FIR – Non-Cognizable Offense – Public Gambling Act – Investigation without Magistrate’s Permission – Petition for quashing of FIR under Section 13-A of the Public Gambling Act – FIR related to recovery of Rs. 1,23,50,000/- alleged to be gambling money – Held that investigation of non-cognizable offense without Magistr...

Negotiable Instruments – Cheque Dishonor – Condonation of Delay – Petition for quashing dismissal of complaint under Section 138 of NI Act – Cheque dishonored on 16.04.2012 – Legal notice dated 15.05.2012 returned unclaimed – Second legal notice sent on 02.06.2012 – Complaint filed on 16.07.2012 dismissed as time-barred – Court held that separate app...

Negotiable Instruments Act - Premature Complaint - Section 138, Proviso Clause (c) & Section 142(b) - Complaint filed 12 days after notice - Mandatory 15 days not expired - Complaint not maintainable being premature - Appeal dismissed. [Para 12]   Dishonour of Cheque - Rebuttal of Presumption under Section 139 - Acquittal - Testimony of attesting witness and expert report confirmed ...

Criminal Procedure - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act - Amendment and Cognizance - Petition against the summoning order issued by Chief Judicial Magistrate under Section 3(1)(x) of the Act - Held, the amendment to the Act effective from 26.01.2016 confers additional powers to the Special Court to take cognizance directly - Pre-amendment provisions applicable to ...