Possession and Part Performance: Stamp Duty Compliance Is Non-Negotiable, Says Delhi High Court Calcutta High Court Declares Disciplinary Action as ‘Shockingly Disproportionate’, Orders Reduction in Rank for Petitioner No Profits, No Deduction — Section 33AC Must Precede 80-I Calculation in Shipping Tax Disputes: Bombay High Court Equity and Merit Must Coexist: Kerala High Court Rules on Regularisation of Temporary Forest Department Employees Lawyers Have No Right to Strike: Madras High Court in Contempt Case Encroachment is like committing a 'dacoity' against public resources: Delhi High Court. High Court Rejects Plea of Kindergarten School Against ESI Contribution Assessment Kerala High Court Quashes Rape Proceedings Citing 'Humanitarian Consideration' After Accused Marries Victim Procedural Delays Do Not Justify Condonation of Delay," Rules Delhi Consumer Commission in National Insurance Case Elements of Section 300 IPC Are Not Made Out: Rajasthan High Court Quashes Murder Conviction in 1987 Beating Case Registrar Cannot Be a Judge of His Own Cause: Punjab and Haryana High Court Quashes Amendments MP High Court Upholds Prosecution for Forged Patta: 'Accountability in Public Office is Non-Negotiable Approval Must Be Granted for Altruistic Kidney Donations," Rules Madras High Court Grave Illegality in Appellate Remand: High Court of Rajasthan Orders Reassessment on Merits Commissioner Lacked Authority for Retrospective Cancellation: Punjab & Haryana High Court Restores Educational Trusts' Registrations Intent is Crucial in Violent Crimes: Single Blow with Axe Does Not Imply Attempt to Murder," Rules Madhya Pradesh High Court

"CRIMINAL LAW" Digest

Criminal Law - Post Settlement FIR - Mutual Settlement – Quashing of FIR – Abuse of Process Prevented - The matrimonial disputes between petitioner No.1 and Prabhjot Kaur, including spousal support and custody, were resolved in Australia, where both parties are citizens. Respondent No.2’s initiation of criminal proceedings in India was held to be an abuse of process, as mutual se...

Service Recognition – Cancellation of Recognition – Petitioner’s service as Assistant Teacher initially recognized but later canceled without proper notice or enquiry – Court held cancellation invalid due to procedural deficiencies and prior court orders recognizing service – Cancellation order set aside – Respondents directed to reassess recognition considering...

Discharge of Accused – Lack of Evidence – Section 227 of Cr.P.C. – The petitioners (Accused Nos. 9 & 10) sought discharge, claiming that the prosecution failed to establish sufficient evidence linking them to the crime – Held: The prosecution's case against Accused Nos. 9 & 10 was based solely on the statements of CW41 and CW42, who claimed to have seen the accu...

Criminal Law – Unauthorized Abortion – Conviction under Section 314 IPC – Appellant accused of conducting an abortion leading to the death of the victim – Trial court’s conviction based on witness testimony and medical evidence – Appeal filed under Section 374 Cr.P.C. challenging conviction and sentence – High Court upheld the conviction but modified the s...

Criminal Law – Rape Conviction – Sentencing Reduced – Appellant convicted under Sections 451, 376, and 506 IPC for committing rape, trespass, and criminal intimidation – Trial Court sentenced him to rigorous imprisonment: 1 year for Section 451, 3 years for Section 506, and 7 years for Section 376 IPC, with fines imposed – High Court upheld the conviction but reduced ...

Criminal Law – Separation of Trials – Common Verdict for Separated Sessions Cases – Impermissibility – Appellants convicted under Sections 148, 302, 324, 323 IPC read with Section 149 IPC, Section 201 IPC, and Section 27 Arms Act – Separate Sessions trials titled State v. Davender and State v. Kartar Singh and Others impermissibly joined – Evidence recorded in o...

Criminal Law – Conviction Modified – Appellants charged under Sections 302, 324, 326, and 114 of IPC for murder of a co-worker during a sudden quarrel while playing cards – Trial court convicted under Section 302 IPC and sentenced to life imprisonment – High Court re-examined evidence and held the offence falls under Section 304 Part II IPC as there was no premeditation &nd...

Criminal Law – Bail - Prolonged Undertrial Incarceration – Right to Liberty – Article 21 of the Constitution – Bail Granted with Conditions – The Appellant, a former Minister of West Bengal, sought bail citing prolonged incarceration of over two years, health ailments, lack of recovery of cash from him, and alleged mitigating circumstances, including parity with co-ac...

Criminal Law – Proceedings under NDPS Act – Section 58 – Notice and adverse observations against appellant (a police officer) by Special Judge for alleged vexatious and false actions in drug case – High Court upheld Special Judge’s order to open and pronounce sealed order despite procedural lapses – Supreme Court held that adverse findings and subsequent notice ...

Criminal Procedure – Second Application for Pardon – Section 306 Cr.P.C. – Maintainable with Changed Circumstances – The Court held that a second application for pardon under Section 306 of the Cr.P.C. is maintainable only when there are changed circumstances – Here, A1 alleged threats to his life as a fresh circumstance for seeking pardon – Held: Second applica...