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

Criminal Law – Remission of Sentence – Conditions Imposed – The appellant was convicted under Section 302 read with Sections 147 and 148 of the IPC and sentenced to life imprisonment – The State Government of Gujarat remitted the appellant's remaining sentence under Section 432(1) of the CrPC – However, conditions were imposed including that the appellant must &qu...

Criminal Law – Murder Conviction – Acquittal – Witchcraft Allegation – Sections 302, 201 IPC – Sections 3/4 of Prevention of Witch (Daain) Practices Act – Appellant convicted for the murder of his sister-in-law, branded as a witch – Conviction based on circumstantial evidence and alleged confession – Trial court sentenced him to life imprisonment &nd...

Principles of Natural Justice – Personal Hearing – The petitioner was not granted a personal hearing before the issuance of the impugned orders under Section 74 of the UPGST Act, despite requesting it in writing – Court emphasized that an opportunity of hearing is mandatory under Section 75(4) where any adverse decision is contemplated against the person charged – Reaffirme...

Defamation – Section 482 Cr.P.C. – Quashing of Criminal Proceedings – The appellant sought quashing of the criminal proceedings under Section 482 Cr.P.C. for defamation after making statements against respondent No. 2, calling him a "sexual predator" – Supreme Court held: The appellant, realizing his mistake, tendered an unconditional apology and agreed to publish...

Criminal Law – Acquittal – Section 498-A IPC – Appellant convicted for cruelty towards the deceased based on dowry demands – Trial court and High Court convicted appellant under Section 498-A IPC, sentencing him to three years of rigorous imprisonment – High Court modified the sentence to the period already undergone – Appellant argued he was falsely implicated,...

Criminal Law – Remand of Trial – Appeal against acquittal – Appellant challenged the order of the Allahabad High Court, which had remanded the case back to the Trial Court for retrial from the stage of testimony of PW 2 – The High Court found the trial process unfair due to the admission of prosecution documents without formal proof – Directed the retrial, allowing th...

Criminal Law – Bail – Custody of Elected Representative – Regular Bail Granted – The petitioner, a sitting MLA, was in custody for over one and a half years for using mobile phones to allegedly threaten witnesses and extort money while in jail – His bail was initially denied by the Special Judge and the High Court, citing his criminal history and the potential misuse ...

Criminal Law – Rash and Negligent Driving – Conviction Quashed – The applicant, a bus driver, was convicted under Sections 279 and 304-A of the IPC for causing the death of a pedestrian in a road accident – He was sentenced to three months of simple imprisonment and fined Rs.1,000 – Held: The conviction was not sustainable as there was no evidence of rash or negligent...

Prisoner Rights – Unconvicted and Civil Prisoners – Writ of Mandamus sought to ensure facilities for unconvicted criminal prisoners and civil prisoners regarding interviews and communication with legal advisers – Petitioner, a practising advocate, sought enforcement of facilities as per Rule 541 of Tamil Nadu Prison Rules, 1983 – Court acknowledged the need for reasonable f...

Pre-Arrest Bail – Alleged Sexual Intercourse on False Promise of Marriage – Petitioner accused of establishing a sexual relationship with the survivor on the false promise of marriage – Prosecution alleged that petitioner retracted his promise when the survivor became pregnant – Crime registered under Section 376(2)(n) IPC – Petitioner claimed the relationship was con...