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 Landlord Residing In Same Building Entitled To Eviction For Nuisance By Tenant's Patrons; No Need To Examine Independent Witnesses: Bombay High Court "Shocking Administrative Apathy": Supreme Court Summons Rajasthan Top Brass Over Failure To Curb Illegal Sand Mining In Chambal Sanctuary CISF Personnel Making Unsubstantiated Sexual Harassment Allegations Against Colleagues Can Be Removed From Service: Delhi High Court Decree On Admission Under Order XII Rule 6 CPC Can Be Based On Statements Made In Criminal Proceedings: Supreme Court Writ Petition Challenging Labour Tribunal Award Maintainable Even Against Privatized Air India: Delhi High Court Bar Council Of India Seeks Mamata Banerjee's Enrolment Details After Former WB CM Appears In Calcutta HC In Advocate's Robes

"CRIMINAL LAW" Digest

NDPS Act – Suspension of Sentence Pending Appeal – Commercial Quantity – Appellants convicted for recovery of 81.303 kgs of ganja sought suspension of sentence during pendency of appeal – Long period of custody (more than 2 years and 10 months) and arguable infirmities in prosecution case considered – Held: Appellants made out a prima facie case warranting suspension ...

NDPS Act – Bail – Commercial Quantity – Rigours of Section 37 – Recovery of 960 capsules of Parivon Spas Plus containing Tramadol (480 grams) and 22.92 grams of heroin from vehicle driven by petitioner – Held that Tramadol recovered constitutes commercial quantity – Twin conditions under Section 37 NDPS Act mandatory – Court not satisfied that accused is n...

Criminal Law – Sect 302 IPC – Murder - Circumstantial Evidence – Reversal of Acquittal – Limits of Appellate Interference – Trial Court acquitted the accused holding that prosecution failed to establish a complete chain of circumstances – High Court reversed acquittal holding that the five golden principles in Sharad Birdhichand Sarda were satisfied – Supr...

Criminal Trial – Alteration of Charge – Right to Fair Trial – Section 217 CrPC – Trial Court initially framed charges under Sections 498A and 304 IPC – After closure of prosecution evidence, charges altered to Sections 498A/34 and 304B/34 IPC – No opportunity granted to accused to recall or further cross-examine prosecution witnesses with reference to amended ch...

of Parents – Gift Deed – Implied condition of care – Failure to provide basic amenities – Tribunal can infer condition from conduct and circumstances – Cancellation of gift deed upheld under Section 23, Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Writ interference declined. Maintenance and Welfare of Parents and Senior Citizens Act, 200...

Section 125 Cr.P.C. – Maintenance denied – Wife gainfully employed and financially secure – Concealment of income and assets – Abuse of process – Family Court order upheld.   Maintenance – Section 125 Cr.P.C. – Wife’s Independent Income – Entitlement – Maintenance under Section 125 Cr.P.C. is payable only when wife is unable to...

Rape and Murder of Five-Year-Old Child – Brutal Sexual Assault using Knife – DNA and Circumstantial Evidence Complete – Conviction under BNS and POCSO Affirmed – Case falling in “Rarest of Rare” – Death Sentence Confirmed. Criminal Law – Rape and Murder of Minor Child – Brutal Sexual Assault – Conviction Affirmed – Deceased girl ...

Negotiable Instruments Act – Dishonour of Cheque – Section 138 – Reversal of Acquittal – Trial Court acquitted accused on ground that complainant failed to prove financial capacity to advance loan of ₹10,00,000 – Lower appellate Court reversed acquittal and convicted accused – Held: Once issuance of cheque and signature are admitted, statutory presumptions und...

Criminal Law - Forgery of Will – Pendency of probate proceedings no bar to criminal prosecution – Magistrate justified in directing FIR under Section 156(3) CrPC – Quashing at threshold declined – Investigation to proceed. Criminal Law – Forgery of Will – Parallel Probate Proceedings – Maintainability of FIR – Registered Will dated 29.04.2011 chal...

Suspension of Sentence – Deposit of Fine as Condition – Recall of Condition – Appellant convicted under Section 8/15 NDPS Act and sentenced to 10 years imprisonment – Sentence suspended earlier subject to deposit of fine of Rs.1 lakh – Appellant unable to deposit fine due to poverty and continued to remain in jail despite suspension order – Held: Imposition of a...