State Can’t Block SARFAESI Sale by Late Revenue Entries: Secured Creditor’s Charge Prevails Over Tax Dues: Punjab & Haryana High Court Slams Sub-Registrar’s Refusal Providing SIM Card Without Knowledge of Its Criminal Use Does Not Imply Criminal Conspiracy: P&H High Court Grants Bail in UAPA & Murder Case Importer Who Accepts Enhanced Valuation Cannot Later Contest Confiscation and Penalty for Undervaluation: Madras High Court Upholds Strict Liability under Customs Act "Allegations Are Not Proof: Madras High Court Refuses Divorce Without Substantiated Cruelty or Desertion" When FIR Is Filed After Consulting Political Leaders, the Possibility of Coloured Version Cannot Be Ruled Out: Kerala High Court Marriage Cannot Be Perpetuated on Paper When Cohabitation Has Ceased for Decades: Supreme Court Invokes Article 142 to Grant Divorce Despite Wife’s Opposition Ownership of Trucks Does Not Mean Windfall Compensation: Supreme Court Slashes Inflated Motor Accident Award in Absence of Documentary Proof Concealment of Mortgage Is Fraud, Not a Technical Omission: Supreme Court Restores Refund Decree, Slams High Court’s Remand State Reorganization Does Not Automatically Convert Cooperative Societies into Multi-State Entities: Supreme Court Rejects Blanket Interpretation of Section 103 Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Eligibility Flows from Birth, Not a Certificate Date: Delhi High Court Strikes Down Rule Fixing Arbitrary Cut-Off for OBC-NCL Certificates in CAPF (AC) Recruitment Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Once a Court Declares a Department an Industry Under Section 2(j), State Cannot Raise the Same Objection Again: Gujarat High Court Slams Repetitive Litigation by Irrigation Department “How Could Cheques Issued in 2020 Be Mentioned in a 2019 Contract?”: Delhi High Court Grants Injunction in Forged MOA Case, Slams Prima Facie Fabrication

"CRIMINAL LAW" Digest

Criminal Law – Kidnapping for Ransom and Murder – Conviction based on circumstantial and eyewitness evidence – Kidnapping of a 16-year-old schoolboy for ransom of ₹50 lakhs – Victim found murdered by administering chloroform and pentazocine (Fortwin) overdose – Recoveries made at instance of accused – Held: Chain of circumstances complete and consistent only w...

Criminal Law – Attempt to Murder – Section 307 IPC – Accused fired two gunshots at complainant over irrigation dispute – Medical and ocular evidence consistent with prosecution version – Defence plea of accidental firing rejected – Held: Prosecution proved guilt beyond reasonable doubt – Knowledge of likelihood of causing death sufficient to attract Sectio...

Maintenance – Section 125 Cr.P.C. – Quantum – Concealment of Income – Revision Dismissed – Revisionist-husband, a company director, challenged Family Court order directing payment of ₹20,000/- p.m. each to wife and daughter – He alleged that maintenance was excessive considering his income of ₹2.4 lakh p.a. – Wife alleged concealment of true income and...

Criminal Law – Dying Declaration – Section 32(1), Evidence Act – Section 162(2), CrPC – Statement of deceased recorded by Head Constable after medical certification of fitness held admissible as dying declaration. There is no mandatory requirement that such declaration must be recorded by a Magistrate or Doctor. What is essential is voluntariness, truth, and fitness of make...

Criminal Law – Rape – Conviction based on sole testimony of prosecutrix – Corroboration not a rule of law – Victim’s evidence found trustworthy and consistent with medical and circumstantial evidence – Minor inconsistencies or absence of injuries not fatal – Absence of chemical examination of clothes or injuries cannot undermine credible testimony – ...

Criminal Law – Anticipatory Bail – Economic Offences – Denial – Petitioner, former TUDA Chairman and Accused No.39 in ₹3200 crore liquor scam, sought anticipatory bail under Section 482 BNSS – Allegations include misuse of government vehicle for transporting unaccounted cash during 2024 General Elections – Held: Prima facie material including toll data and wit...

Contempt of Court – Quasi-criminal nature – Standard of proof – Proceedings under the Contempt of Courts Act, 1971 are quasi-criminal in nature and demand the same standard of proof as in criminal trials – Punishment can be imposed only for wilful disobedience proved beyond reasonable doubt – Benefit of doubt must go to the alleged contemnor [Paras 9, 13, 20]. Proc...

Negotiable Instruments Act – Section 141 – Vicarious liability – Directors and officers of company – Mere designation as Director insufficient to attract criminal liability under Section 141 – Complaint must contain specific averments showing how and in what manner the accused was in charge of and responsible for the conduct of company’s business – Bald, m...

Criminal Procedure – Cognizance – Section 202(2) CrPC – Requirement to examine “all witnesses” in complaint cases triable exclusively by Sessions Court – Held: The proviso to Section 202(2) is directory and not mandatory – Non-examination of all witnesses by the complainant does not vitiate the order of cognizance if the Magistrate is satisfied that a prim...

NDPS Act – Search and Seizure – Section 50 – Applicability limited to “personal search” – Search of a bag carried by accused does not attract Section 50 – Expression “search of person” excludes baggage, briefcase, or container – Constitution Bench ruling in State of Punjab v. Baldev Singh and subsequent cases (Madan Lal v. State of Himach...