Order Denying Permission for Peaceful Protest Rally Set Aside: Calcutta High Court Prolonged Custody Alone Cannot Justify Bail In Cases Involving Heinous Crimes: Delhi High Court Body Shaming and Sexually Colored Remarks Are Unacceptable In A Civilized Society: Kerala High Court No Mandatory Injunction Where Failure to Prove Ownership and Possession: Punjab and Haryana High Court Supreme Court Dismisses Article 32 Petition Seeking Declaration of Bombay High Court Judgment as Illegal Specific Relief Act | Power to Extend Time Under Section 28 Is Discretionary and Must Be Exercised Prudently: Supreme Court Failure To Comply With Statutory Mandate Under Order 39 Rule 3 CPC Renders Ex Parte Injunction Unsustainable: Karnataka High Court Bombay High Court Dismisses PIL Challenging Withdrawal of Cabinet's Recommendations for Legislative Council Nominations Supreme Court Reduces Murder Conviction to Culpable Homicide in Absence of Premeditation and Motive Desertion Means More Than Physical Separation, Includes Willful Neglect: Delhi High Court Director’s Liability Under Section 138 NI Act Ends with Resignation: Supreme Court Quashes Complaint Against Former Director in Cheque Dishonor Case No Proof, No Ownership: Punjab & Haryana HC Dismisses Baseless Inheritance Suit Judicial Orders of Civil Courts Not Amenable to Article 226 Writ Jurisdiction: Patna High Court Chastity of a Woman Is a Priceless Possession; Unfounded Allegations Justify Wife’s Right to Live Separately: Orissa High Court Temporary Injunction Denied Based on Unstamped and Unregistered Agreement: Madhya Pradesh High Court Temple Surplus Funds Cannot Be Used for Shopping Complex Construction: Madras High Court Bail | Evidence Is Primarily Documentary And Already Recovered, Custodial Interrogation Of The Accused Is Not Necessary: Kerala High Court Delhi High Court Directs Respondents to Secure ₹157.75 Crores in Gas Supply Dispute Under Section 9 of Arbitration Act Arrest of Woman Post-Sunset Without Prior Judicial Permission Illegal: Bombay High Court

"CRIMINAL LAW" Digest

Negotiable Instruments Act - Validity of Single Complaint for Multiple Cheques – The petitioners challenged the validity of a single complaint for the dishonor of 36 cheques, arguing that this violates Section 219 Cr.P.C., which restricts trial for multiple offences to a maximum of three instances of the same kind within a 12-month period. The Court held that, given that all cheques were iss...

Criminal Law – Murder - Appeal Against Acquittal – Standard of Appellate Scrutiny – Section 378, CrPC – Presumption of Innocence Reaffirmed – The appellate court held that acquittal can only be set aside when the trial court’s findings are perverse or based on a misapprehension of evidence – Emphasis placed on the injured witness’s consistent testimo...

Conviction under Section 302 IPC – Appeal against Conviction – Appellant's role in the murder was established – Appeal partially allowed - The appellant, along with co-accused, was convicted of murdering the victim due to a dispute over jaggery. The appellant was the sole convict as the co-accused were acquitted. The court upheld the conviction under Section 302 IPC, rejectin...

Criminal Law – Anticipatory and Regular Bail – Appeals filed under Section 14A(2) of the SC/ST (POA) Act – Appellants accused of abusing and threatening the complainant using casteist slurs – Complaint filed 14 days post-incident – Accused sought anticipatory bail (A1) and regular bail (A2) [Paras 1-4].   Delay in Filing Complaint and Nature of Dispute &nda...

Preventive Detention – Delay in Consideration of Representation – No Merit in Challenge – The petitioner argued that the delay in considering her representation against her husband's preventive detention under KAA(P)A should result in the annulment of the detention order – Held: The petitioner filed an earlier writ petition (W.P.(Crl) No. 686/2024) without waiting for t...

Criminal Law - Rash and Negligent Driving – Acquittal - High Speed Not Proof of Negligence – Sections 279, 304A, IPC – The appellant sought to challenge the acquittal of the accused, claiming the bus was driven in a rash and negligent manner – Held: High speed alone is not sufficient to infer rashness or negligence – The testimony indicating that the bus was being dri...

Criminal Law – Bail – Presumption of Innocence – The petitioner sought regular bail, contending that he had been falsely implicated based on the disclosure of a co-accused and had already been in custody for over 2 years and 7 months – Held: The court recognized the fundamental principle of criminal jurisprudence that the accused is presumed innocent until proven guilty, an...

Criminal Law - Section 498-A IPC – Acquittal - Cruelty – Mental and Physical Harassment – Dowry Demand – The appellants were convicted by the Trial Court under Section 498-A IPC for allegedly subjecting the deceased to cruelty through dowry demands and taunting her character – The appellants challenged the conviction, arguing that the prosecution failed to prove the a...

Criminal Procedure – Summoning Under Section 319 CrPC – Standard of Evidence – The petitioner challenged the order of the Trial Court summoning him as an accused under Section 319 CrPC, arguing that the evidence did not meet the threshold to justify his implication – Held: Section 319 CrPC allows summoning of additional accused only when strong and cogent evidence points to...

Section 138 N.I. Act - Forensic Examination – Application for Further Examination Denied - The petitioner, accused under Section 138 of the NI Act, sought to send the disputed cheques for a second forensic examination by the Central Forensic Science Laboratory after receiving an unfavorable report from the State Forensic Science Laboratory. The Court upheld the Magistrate's decision, rej...