Landowners Accepting Compensation For Partial Acquisition Cannot Later Seek Entire Property’s Acquisition Under Section 94 RFCTLARR Act: Patna High Court Retrospective Maintenance Under Section 125 CrPC Must Be Commensurate With Husband's Salary In Respective Years: Madhya Pradesh High Court Injunction Order Paying 'Lip-Service' To Cardinal Tests Without Addressing Allegations Of Fraud Is Unsustainable: Calcutta High Court Land Loser Appointments: Railways Not In Contempt For Requiring Physical Tests & Matriculation Qualifications, Rules Calcutta High Court Mere Presence Or Post-Incident Help Not Sufficient To Prove Common Intention Under Section 34 IPC: Allahabad High Court Election Petition Against Municipal President Maintainable Within 30 Days Of Election Meeting Despite Absence Of Gazette Notification: Madhya Pradesh High Court Husband Cannot Be Convicted For Wife’s Death Merely Because They Lived Under Same Roof Without Proof Of His Presence: Allahabad High Court Prosecution Case Demolished If Physical Layout In IO’s Sketch Map Contradicts Witness Testimony: Calcutta High Court Suppression Of Facts Not Fatal If Not Material To Merits; State Cannot Benefit From Its Own Failure To Implement Orders: Supreme Court

"CRIMINAL LAW" Digest

Criminal Law – Quashing of Proceedings – Abuse of Process – Loan Recovery Dispute – Public Servant Acting in Official Capacity – FIR and charge-sheet alleged house trespass, criminal force, insult to modesty and intimidation against senior official of West Bengal Financial Corporation during visit for loan recovery – Materials revealed visit was pursuant to offi...

Bail - Section 12 MCOCA - Arrest and Detention – Look-Out Circular – Commencement of Custody – Appellant detained at Amritsar Airport pursuant to LOC and handed over to Delhi Police – Held, arrest commences from moment liberty is restrained – Custody to be computed from time of airport detention – Subsequent plea of “release” not supported by contemp...

Criminal Law – Bail – Sections 304, 279, 337, 338, 427, 120-B, 201, 213, 214, 466, 467, 468, 471, 109 read with Section 34, Indian Penal Code, 1860 – Allegations of conspiracy, destruction and fabrication of evidence following a fatal road accident – FIR registered for offences under IPC, Prevention of Corruption Act and Motor Vehicles Act – High Court rejected applic...

Criminal Law - Quashing of Proceedings – Section 482 CrPC – Wrong Quotation of Penal Provisions – Petitioner, a Director of company, sought quashing contending offences under Sections 415, 420, 472, 477A, 378 and 379 IPC not attracted – Held: Mere misquoting of penal provisions by investigating agency does not warrant quashing – Trial Court empowered to frame appropri...

Negotiable Instruments Act – Section 138 – Presumption of Legally Enforceable Debt – Execution of cheque and receipt of statutory legal notice admitted by accused – Cheque dishonoured with remark “Account Closed” – Statutory presumption under Sections 118(a) and 139 attracted – Burden shifted on accused to rebut presumption by raising probable defenc...

Criminal Law – Default Bail – Section 187(2) BNSS – NDPS Offence – Accused arrested on 07.05.2025 – Statutory period of 180 days for filing challan – Prosecution sought extension before expiry – Extension granted without presence of accused – Held, extension order passed in absence of accused vitiated – Accused entitled to default bail [Paras 5...

Criminal Revision – Discharge – Scope under Sections 397 & 401 Cr.P.C. – Limited Interference – Petitioners sought discharge from offences under Sections 498-A, 506, 341, 294, 509 read with Sections 34 and 109 IPC – Revisional jurisdiction invoked against order of JMFC refusing discharge – Held: Revisional power is limited and meant to correct patent illegal...

Criminal Law – Abortion – Section 312 IPC – Summoning Order Quashed – Petitioner summoned for offence under Section 312 IPC for terminating 14-week pregnancy – Termination conducted in a registered medical facility under supervision within the permissible 20-week limit under the MTP Act – Medical records stated reason as marital discord – Court held that a...

Criminal Law – Bail – Cancellation of Bail – Revisional Jurisdiction – Maintainability – Multiple Criminal Revision Applications filed under Section 438 r/w Section 442 BNSS challenging orders of Sessions Court cancelling bail granted by Chief Judicial Magistrate – Applicants contended that offences were punishable with less than seven years or had no minimum se...

Criminal Law – Further Investigation – Power of Magistrate – Limits on Directions to Police – Complaint alleging cheating, forgery and criminal breach of trust referred for investigation under Section 175(3) BNSS – Police filed negative final report – Magistrate refused to accept final report and ordered further investigation under Section 173(8) CrPC – Ho...