'Promotion Effected Long Ago Not To Be Disturbed': Supreme Court Sets Aside HC Order Quashing 13-Year-Old Promotion; Holds 'Laying Rules' Directory Not Mandatory "Mere Oral Assertion Or 'Data Loss' Letter Not Enough To Prove Driving Licence Validity; Owner Has Strict Duty To Ensure Renewal": Supreme Court Reinstates Insurer's Non-Liability, Applies 'Pay & Recover' Principle "Zero Tolerance To Corruption": Supreme Court Reinstates FIRs Against Karnataka Cops, Slams High Court For 'Mini-Trial' & Exceeding S.482 CrPC Powers ‘Ancillary Services Don't Override Carriage’: Supreme Court Upholds 7.5% Presumptive Income For Cruise Operators Under Section 44B IT Act, Rejects Revenue's Higher Tax Claim Division Bench Refuses To Quash FIR, Holds It Cannot Nullify Single Judge's Final Order Directing Registration Of Case: Allahabad High Court High Court Leave Under Clause XII Doesn't Protect Transferred Suits; Section 16 CPC Strictly Applies To City Civil Court In 'Suits For Land': Bombay High Court Joint Account Holder Who Didn't Sign The Dishonoured Cheque Cannot Be Prosecuted Under Section 138 NI Act: Punjab & Haryana High Court Suits Cannot Be Consolidated If Parties, Properties, And Causes Of Action Are Different: Telangana High Court P&H High Court Halts All Construction In Mohali's Shivalik Foothills Over Failure To Demarcate 'Forest Land', Bars Land Sale No Embargo On Issuing Single Statutory Notice Under Section 138 NI Act For Multiple Dishonoured Cheques: Orissa High Court District Collector Has No Jurisdiction Under CrPC To Order Reopening Of Investigation Or Recall Of Closure Report: Madhya Pradesh High Court No Exclusive Monopoly Over Geographical Term 'Malabar' In Isolation; Protection Limited To Registered Composite Marks: Kerala High Court Person In 'De Facto' Control Is A Promoter Under Companies Act Even If Designated As Professional Director: Karnataka High Court

"CRIMINAL LAW" Digest

Abuse of Process of Law – Misuse of legal proceedings to achieve something for which no cause exists – Unjust continuation or initiation of criminal prosecution – Abuse of process amounts to unfairness and injustice to the complainant or prosecution – Examination of facts and circumstances in each case. (Para 110-112)   Fair Trial – Adjudicative functions o...

Quashing of Proceedings – Incompetence of Complainant – Inadequate Authority of Additional Chief Medical Officer – Pre-Natal Diagnostic Techniques Act Violations –  Court holds that the Additional Chief Medical Officer, who filed the complaint, was not the ‘appropriate authority’ as mandated under Section 28 of the Act of 1994. Observes that the complaint w...

Appeal Against FIR Order Under SC/ST Act – Challenging order for FIR against ACP Bijender Singh under SC/ST Act for alleged misconduct during investigation of FIR No. 261/2019 – Original case involved parking dispute between complainant and police personnel, leading to allegations of atrocity under the SC/ST Act. [Paras 1, 2]   Investigation Conduct and Chargesheet Filing &n...

Criminal Procedure Code – Section 482 – Quashing of FIR – Petition under Section 482 CrPC challenging the order for FIR registration and its subsequent quashing – Dismissal of petition based on detailed investigation and material collected – Observations made not to be construed as an opinion on the merits of the case. [Para 9, 16]   Criminal Breach of Trus...

Brief Facts: Petitioners were charged under the NDPS Act for involvement in drug trafficking and were seeking bail (Para 1-3). Allegedly caught with significant quantities of drugs based on secret information, they have been in custody since 04.05.2020, and their trial has made slow progress (Para 3).   Issues: Whether the petitioners can be granted bail based on the circumstances of th...

Criminal Revision – Discharge Application – Section 138 of the Negotiable Instruments Act – addressed the application filed under Section 482 of the Criminal Procedure Code (Cr.P.C.), seeking quashing of the order and proceedings in a complaint case under Section 138 of the Negotiable Instruments Act. [Para 2, 12]     Factual Background – The applicant, f...

Narcotic Drugs and Psychotropic Substances Act, 1985 - Extension of time for investigation - Grant of default bail - Conditions for extension of time - Independent application of mind by Public Prosecutor - Non-receipt of FSL report as a compelling reason - Compliance with Section 36A(4) - Applicability of Section 167(2) of Cr.P.C. - The Public Prosecutor is required to independently apply his min...

Criminal Law – Bail Conditions – Proportionality – Bail conditions must have a nexus to the purpose they serve and be proportional – Court emphasized that conditions leading to the deprivation of rights and liberties must be avoided – Blanket prohibition on social media activity deemed disproportionate and violating freedom of speech [Paras 29-30].   Crimin...

Criminal case – Bail – Petitioner filed for regular bail in FIR No. 148, dated 27th June 2021, under Sections 15, 25, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 – Petitioner seeks parity with co-accused who was granted regular bail in a previous case (Para 1 and 2). False Implication Allegation – Petitioner’s counsel alleges that ASI Jagtar ...

NDPS Act – Post-Arrest Bail – Commercial Quantity – Respondent accused of trafficking 50,000 Tramadol tablets (20 kg) – High Court granted bail, ignoring the application of Section 37 of the NDPS Act – Supreme Court quashed the bail order, highlighting the importance of "reasonable grounds" for believing the accused is not guilty and is unlikely to commit an...