Selling Non-E20 Compliant Car Without Disclosure Amounts To Unfair Trade Practice: Consumer Court Directs Maruti Suzuki To Replace Vehicle Or Refund Cost Punjab & Haryana High Court Appoints Independent Observer, Orders Videography To Ensure Fair Mayoral Polls In MC Abohar Railways Cannot Be Held Liable For Shortage Of Goods Booked At 'Owner's Risk' Unless Negligence Is Proved: Supreme Court High Court Cannot Re-Appreciate Evidence In Writ Jurisdiction To Interfere With Fact-Finding By Civil Courts: Supreme Court Supreme Court Directs All States To Formulate Premature Release Policy For Terminally Ill & Elderly Prisoners Within 3 Months Employer Cannot Deny Compassionate Appointment Citing Age Limit Crossed Due To Its Own Delay In Processing Medical Retirement: Supreme Court Remission Applications Of Life Convicts Must Be Decided Within 3 Months; Long Incarceration Merits Interim Bail: Supreme Court Arbitration Clause Or Civil Remedy No Bar To Criminal Prosecution If Offence Prima Facie Disclosed: Allahabad High Court No Ground For Repeated Enquiries On Overlapping Allegations Without Fresh Material: Andhra Pradesh High Court Dismisses PIL Against MedTech Park Officials District Council Court Is A 'Civil Court', Barred From Deciding Nokma Succession Disputes Under Garo Hills Social Customs Act: Meghalaya High Court Fundamental Rights Can't Be Bartered Away On US Embassy's Complaint": Karnataka HC Awards Rs 5 Lakhs For Illegal Arrest Of Homestay Owner Non-Compliance With Section 42 NDPS Act During Night Search Of Private Vehicle Vitiates Proceedings, Rigour Of Section 37 Won't Apply: Kerala High Court Employer Has Sole Right To Prescribe Qualifications; Courts Cannot Substitute Views Of Academic Experts: Madhya Pradesh High Court Suppression Of Criminal Antecedents Disentitles Accused To Discretionary Relief Of Bail: Orissa High Court Non-Communication Of Grounds Of Arrest In Writing & Denying Legal Aid During First Remand Vitiates Detention: Punjab & Haryana High Court Dispute Over Authenticity Of Will Falls Within Domain Of Civil Court: Telangana High Court Grants Anticipatory Bail In Forgery Case State Cannot Arbitrarily Retain Premium Paid For Unutilized FSI; Denial Of Refund To Residential Projects Violates Article 14: Supreme Court Courts Cannot Rewrite Commercial Contracts; No Interest On Security Deposit Unless Refund Delayed Beyond Agreed Period: Supreme Court State's Failure To Challenge Bail Of Co-Convict Entitles Identically Situated Accused To Parity: Supreme Court Kerala High Court Discharges Kumbakudi Sudhakaran In Criminal Contempt After Unconditional Apology For Remarks Against Judges 12-Day Delay In Filing Appeal Against Section 138 Conviction Minimal, Courts Shouldn't Adopt Hyper-Technical Approach: Madhya Pradesh High Court Complaint Barred By Limitation If Drug Is Only 'Not Of Standard Quality' And Not Spurious: Punjab & Haryana High Court Quashes Prosecution Proclaimed Offender Not Entitled To Anticipatory Bail, Especially When Evading Investigation: Allahabad High Court Trial Court Cannot Disregard Evidence Of Witness Proving Will If Attesting Witnesses Are Deceased: Andhra Pradesh High Court Oral Waiver Of Right To Be Searched Under Section 50 NDPS Act Must Be Reduced To Writing: Bombay High Court Grants Bail Specific Allegation Of Fund Mismatch In Show Cause Notice Sufficient Due Process For Fraud Classification: Calcutta High Court Failure To Provide Written Grounds Of Arrest A 'Curable Defect' If No Prejudice Caused To Accused: Delhi High Court

"CRIMINAL LAW" Digest

Criminal Law – Murder – Circumstantial Evidence – Last Seen Theory – Recovery of Deceased's Belongings – Conviction Upheld – Deceased had an illicit relationship with Appellant No. 2 (Shanno); after his marriage, the appellants planned his elimination – Deceased last seen leaving with the appellants on 25.07.2000 – At the instance of the appellan...

UAPA – Bail – Section 43D(5) – Overground Worker – Logistical Support – Long Incarceration – Appellant alleged to be a courier, messenger and overground worker of CPI (Maoist) who collected levy of Rs. 5 lakhs from a contractor on the direction of Maoist commander Ravindra Ganjhu – Cash, a letter of demand and other incriminating articles recovered from hi...

Criminal Trial – Murder Conviction based on Dying Declaration – Reliability and Suspicion – Conviction under Section 302 IPC set aside where prosecution case collapsed due to hostile witnesses and suspicious dying declaration – Held, dying declaration must be free from suspicion and inspire confidence; in absence of corroboration and presence of serious procedural irregular...

Criminal Law – Bail – Transfer of Trial – Professional Misconduct by Advocates – Violation of Fundamental Rights – Petitioners, toll plaza employees, arrested in connection with a scuffle, were denied legal representation due to violent boycott by local Bar members – Supreme Court held continued custody unjustified and violative of Article 21 – Directed im...

Criminal Law – Murder – Conviction Under Section 302 RPC – Acquittal – Appellant convicted by Trial Court for causing homicidal death of the deceased by assaulting him on the head with a gainti on 30.05.2002, allegedly on suspicion of illicit relations with the appellant's wife – Conviction based primarily on the testimony of PW-2 Shah Begum, the minor daughter of...

Criminal Law – Bail – Section 307 IPC – Incarceration Exceeding Two Years – Bail Granted – Appellant was denied bail by the Allahabad High Court in FIR Case Crime No. 216 of 2023 registered under Sections 147, 148, 149, 307 IPC and Sections 3, 25 and 27 of the Arms Act – High Court noted two grievous firearm injuries to the victim and Trial Court's observati...

Criminal Law – Withdrawal from Prosecution – Section 321 CrPC – Dismissal of State's Revision Upheld – FIR No. 53/2018 registered for offences under Sections 147, 148, 332, 333, 353, 336, 307 and 436 r/w 149 IPC and Section 3 of the Prevention of Damage to Public Property Act arising from stone-pelting by protesters during "Bharat Band" on 02.04.2018 at Raniwa...

Criminal Law – POCSO – SC/ST Act – Conviction – Quashing – Article 142 – Subsequent Marriage – FIR No. 129 of 2022 registered against the appellant for offences under Sections 363, 366-A and 376 IPC, Sections 3(2)(v), 3(2)(va) and 3(1)(w) of the SC/ST (Prevention of Atrocities) Act, and Sections 3 and 4 of POCSO Act – Appellant convicted by Sessions ...

POCSO – Penetrative Sexual Assault – Conviction Upheld – Victim's Testimony – Section 4 POCSO Act – Appellant convicted by Trial Court for sexually penetrating the anus of a minor boy and for showing pornographic material to a minor – Sentenced to simple imprisonment of seven years under Section 4 POCSO Act and one year under Section 293 IPC – On appea...

Criminal Law – Section 528 BNSS – Quashing of Charge-sheet – Cognizable Offence Disclosed – Application Dismissed – FIR lodged by informant (aged 73 years) alleging that Applicant No. 1 (his former driver) along with others forcibly entered his house, misbehaved with him and outraged the modesty of his daughter-in-law by tearing her clothes – Charge-sheet filed ...