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 Nature Of Property And Limitation In Partition Suits Are Mixed Questions Of Law & Fact, Cannot Be Decided Under Order VII Rule 11 CPC: Telangana High Court

"CRIMINAL LAW" Digest

Criminal Law - Essential Commodities Act – Excess Stock of Paddy – Conviction Set Aside – Prosecution alleged storage of excess 33.50 quintals of paddy by the appellant in violation of Para 17 of the West Bengal Rice and Paddy (Licensing and Control) Order, 1967 – Trial Court convicted the appellant under Section 7(1)(a)(ii) of the Essential Commodities Act – On appea...

Gangster Act – Quashing of Proceedings – Solitary Base Case – Validity of Gang Chart – Application under Section 528 BNSS filed seeking quashing of proceedings under Section 2/3 of the U.P. Gangster Act, including charge-sheet and cognizance order – Applicant contended that initiation of Gangster Act proceedings on the basis of a solitary case was impermissible and co...

Criminal Appeal – Murder Conviction – Acquittal – Sole Eyewitness – Benefit of Doubt – Accused convicted by Sessions Court under Sections 302 and 324 IPC for causing death of deceased by hitting with wooden rafter – Appeal against conviction and sentence of life imprisonment – Prosecution case resting substantially on testimony of injured sole eyewitness (...

Criminal Law – Murder – Conviction under Section 302/149 IPC – Unlawful Assembly – Appellant Sanwarey convicted for murder along with other co-accused – Role attributed to appellant was assault with lathi – Knife blows attributed to co-accused – Held: Once common object to commit murder is established, individual role or nature of weapon used by each accus...

Criminal Law – Dacoity with Murder – Circumstantial Evidence – Confirmation of Conviction – Appellants convicted under Sections 448/396/302/412/34 IPC for committing dacoity and murdering landlady Rekha Rani Roy and tenant Gouri Majhi – No eyewitness to occurrence – Case resting on chain of circumstantial evidence – Held: Prosecution established complete c...

Companies Act – Financial Statements – Non-disclosure of Specified Bank Notes – Criminal Prosecution – Quashing – Complaint under Sections 129/448 Companies Act filed against Director alone without impleading company – Held: Company is principal offender – Proceedings against director alone not maintainable [Paras 48–56].   Criminal Law &n...

Criminal Law – Kidnapping and Aggravated Penetrative Sexual Assault – Conviction under Section 366 IPC and Section 6(1) POCSO Act – Victim allegedly aged 17 years and 10 months – Trial Court convicted A1 while acquitting A2 – On appeal, High Court found serious infirmities in prosecution case – Held: Conviction unsustainable [Paras 1–2, 13–14]. &n...

Prevention of Corruption Act, 1988 – Prosecution Sanction – Refusal by Competent Authority – Subsequent Grant by Another Authority – Validity – Petitioner, Assistant Grade-II in Municipal Council, faced prosecution under Sections 7, 13(1)(b) and 13(2) PC Act – President-in-Council, being competent authority under Section 19(1) PC Act, refused sanction – St...

Bail – Corruption Case – Advocate Accused of Influencing Judiciary – Rejection of Bail – Petitioner, an Advocate practicing before the High Court, sought regular bail under Section 439 Cr.P.C. in FIR registered by CBI for demanding ₹30 lakhs as illegal gratification for securing a favourable judicial order in a matrimonial dispute – Allegation that petitioner claime...

Anticipatory Bail – Prevention of Money Laundering – Organized Cyber Frauds – Petitioners alleged to be key operatives in third and second layers of laundering network – Large-scale layering of proceeds of crime through hundreds of mule accounts, conversion to cryptocurrency, and uploading to UAE-based PYYPL platform – ED investigation revealed deep involvement of pet...