Kerala High Court Denies Relief To Petitioner Suppressing Facts, Orders Enquiry Into Allotment Of Govt Scheme Houses On Puramboke Land Candidate Missing Physical Test For Minor Illness Has No Enforceable Right To Rescheduling: Supreme Court Prolonged Incarceration And Parity Constitute Valid Grounds For Regular Bail: Supreme Court Accused In Cheque Bounce Cases Cannot File Evidence-In-Chief By Affidavit Under Section 145 NI Act: Orissa High Court Borrowers Have No Right To Personal Hearing Before Fraud Classification, But Full Forensic Audit Report Must Be Supplied: Supreme Court Pendency Of Matrimonial Dispute With General Allegations Not A Valid Ground To Deny Public Employment: Allahabad High Court Minimum Five Persons Mandatory To Prove 'Preparation For Dacoity' Under Section 399 IPC: Gujarat High Court Suit For Specific Performance Not Maintainable Without Prayer To Set Aside Termination Of Agreement: Madras High Court Voluntary Retirement Deemed Accepted If Positive Order Of Refusal Is Not Communicated Within Notice Period: Supreme Court Court Cannot Convict One Accused And Acquit Another On Same Evidence: Supreme Court Acquits Murder Convict Suspicion Cannot Replace Proof: Supreme Court Acquits Murder Convict Due To Unreliable Last-Seen Evidence And Principle Of Parity 138 NI Act | Accused Cannot Rebut Presumption Of Legally Enforceable Debt At Pre-Trial Stage In Cheque Bounce Cases: Supreme Court More Meritorious PWD Candidates From Reserved Categories Can Claim Unreserved PWD Posts In Open Competition: Supreme Court Meritorious Reserved Candidates Can Claim Unreserved Horizontal Vacancies Based On Merit: Supreme Court Employee Not Entitled To Gratuity Until Conclusion Of Both Departmental And Criminal Proceedings: Supreme Court Stamp Duty Recovery Against Legal Heirs Is Strictly Limited To The Extent Of Inherited Estate: Allahabad High Court Single Lathi Blow On Head During Sudden Altercation Amounts To Culpable Homicide Under Section 304 Part II IPC, Not Murder: Madhya Pradesh High Court Habeas Corpus Maintainable For Child Custody Against Father; Cannot Be Dismissed Merely Due To Alternate Remedy: Allahabad High Court "Plea Of Ignorance In Digital Era Inexcusable": Punjab & Haryana HC Imposes Rs 10K Cost On Accused For Hiding Prior Bail Dismissal Discrepancies In Name And Age On Monthly Pass Fail To Establish 'Bona Fide Passenger' Status In Railway Accident Claim: Delhi High Court "Last Seen" Theory A Weak Link If Time Gap Is Wide: Bombay High Court Acquits Man Sentenced To Life For Murder Failure To Conduct Pre-Anaesthetic Check-Up Prima Facie Amounts To Gross Medical Negligence Under Section 304A IPC: Kerala High Court

"CRIMINAL LAW" Digest

Challenge to Legal Validity – Appellants questioned the validity of the High Court's order rejecting their criminal appeal and affirming the Special Judge's order to frame charges under IPC and SC/ST Act. [Para 2] Admitted Evidence Review – Supreme Court focused on whether the admitted evidence met the necessary ingredients for the charge under Section 3(2)(v) of the SC/ST A...

Conviction for Murder with Common Intention – Appellant Ram Naresh convicted along with others for murder of Ram Kishore under Section 302 read with Section 34 IPC – Appeal challenging the application of Section 34 regarding common intention. [Paras 3-4, 6, 7, 10, 11, 15-16] Evidence and Eyewitness Testimonies – FIR and testimony of Balram (PW-1) critical – Witnessed ass...

Counter-claim - Rejection of - Appellant filed counter-claim in response to plaintiff's suit for recovery of dues - Lower court rejected the counter-claim under Order VII Rule 11 CPC - High Court upheld the lower court's order - Appeal filed against rejection of counter-claim. [Para 3-4] Notice requirement - Loss or damage to consignment - Carriers Act, 1865 - Carriage by Road Act, 2007...

Facts:The appellants and their family were accused of forming an unlawful assembly and causing injuries in their village.The prosecution alleged assault due to old enmity, leading to charges under various sections of the IPC.The defense argued denial of the occurrence, presenting an alternative version where the injuries on the accused resulted from an attack on their family members.The trial cour...

FACTS: The appellants, Bijender @ Papu and another, along with three co-accused, were convicted under various sections of the Indian Penal Code (IPC), including Section 325 read with Section 149, Sections 148A, 308/149, and 323/149. The Trial Court imposed a sentence, and the High Court, on appeal, enhanced the punishment for the major offence.ISSUES:The appellants claimed parity with three other ...