Medical Report Missing Injured's Signature, Unexplained 9-Hour FIR Delay Fatal To Prosecution Case: Allahabad High Court Acquits Attempt To Murder Convicts Fresh Notice Mandatory To Ex-Parte Defendants If Plaint Is Substantively Amended: Madhya Pradesh High Court Divorce | Initial Bickering Between Spouses During Early Marriage Does Not Constitute Cruelty: Madras High Court Sports Council Cannot Dissolve Registered Society Or Conduct Its Elections; Can Only Withdraw Recognition: Kerala High Court Incarceration Without Trial Amounts To Punishment: Himachal Pradesh HC Grants Bail To Murder Accused Denied Medical Care In Jail Compliance Is Not Protection: Kerala High Court Holds Local Authority Cannot Deny Industrial License Merely Over Unscientific Public Protests Allotment Of Seat By Bypassing Higher-Ranked Candidates In Merit List Results In Gross Injustice: Calcutta High Court Dismisses LLM Admission Plea Blacklisting Not An Automatic Consequence Of Contract Termination, Requires Specific Show-Cause Notice: Supreme Court Power Of Attorney Cannot Operate As Mode Of Succession To Religious Office Of Sajjadanashin: Supreme Court Higher-Ranking Employees Cannot Claim Parity In Punishment With Subordinates Under Article 14: Supreme Court Waqf Board Lacks Jurisdiction To Appoint 'Sajjadanashin', Civil Court Can Decide Dispute As Office Is Distinct From 'Mutawalli': Supreme Court 144 BNSS | Husband Cannot Directly Challenge Ex-Parte Maintenance Order In High Court, Must Apply For Recall: Allahabad High Court No Absolute Bar On Relying Upon Post-Notification Sale Deeds For Determining Land Acquisition Compensation: Bombay High Court 138 NI Act | Plea That Cheque Was Stolen Is An Afterthought If No Police Complaint Is Lodged: Orissa High Court Upholds Conviction Cannot Expect Claimant To Preserve Every Bill: P&H High Court Enhances Accident Compensation From Rs 95,000 To Rs 7.7 Lakhs Auction Sale Remains 'Inchoate' If 75% Balance Paid Beyond Statutory Time, Borrower Can Redeem Property: Supreme Court

"CRIMINAL LAW" Digest

Civil Revision – Transfer of Suits – Section 24 CPC – Transfer Allowed – Applicants sought transfer of defamation suits from Ponda, Goa, to Maharashtra citing threat to life and fair trial concerns – Court held: Bombay High Court, being common High Court for Maharashtra and Goa under Article 231, has jurisdiction to entertain inter-State transfer under Section 24 CPC ...

Criminal Law – Murder Trial – Conviction Reversed – Appellants convicted under Section 302/34 IPC for alleged murder of deceased by slitting his throat with an axe – FIR lodged by wife of deceased stated that she found husband lying dead in the night and named appellants on suspicion – During trial, witnesses claimed to be eyewitnesses and attributed motive – He...

Criminal Law – Anticipatory Bail – Delay in Lodging FIR – FIR registered in 2024 for alleged fraudulent dilution and transfer of shares between 2010–2011 – Allegations surfaced during arbitration in 2024 – Held: Delay of 14 years in raising grievances without pursuing civil remedies casts doubt on urgency and requires trial to determine knowledge and intent [Par...

NDPS Act – Bail – Sections 8, 21, 29 NDPS Act - Commercial Quantity – Procedural Lapses – Bail Granted – Petitioner arrested on 21.04.2023 for alleged possession of 50 bottles of Myberry (Codeine Phosphate) – Co-accused arrested based on petitioner's disclosure – Final report filed on 17.07.2023 – Trial delayed with less than half of 21 witnesses...

Code of Civil Procedure, 1908 - Section 24 - Transfer Application - Maintainability of Second Transfer Application - High Court cannot entertain a second transfer application under Section 24 CPC on the same facts if a similar application was dismissed by the District Judge, without challenging the District Judge's order.   Code of Civil Procedure, 1908 - Section 24 - The applicant ...

Maintenance – Section 125 Cr.P.C. – Interim Maintenance – Assessment of Income – Dependents – Voluntary Financial Obligations – Professional Qualification of Wife – Modification of Quantum. Matrimonial Law – Interim Maintenance – Quantum Assessment – Deductions and Dependents – The petitioner-husband challenged the Family Court&#...

Criminal Law - FEMA – Summons – Section 37 FEMA – Applicability of Section 160 CrPC – Petitioner, a woman, challenged personal summons under Section 37 FEMA, citing protection under Section 160(1) CrPC exempting women from appearing outside their residence – Held: Section 160 CrPC not applicable to proceedings under Section 37 FEMA, which are civil-regulatory in natur...

Anticipatory Bail – SC/ST (POA) Act – Appeal under Section 14A(2) – Alleged offences under SC/ST (Prevention of Atrocities) Act and BNS 2023 – FIR lodged by complainant alleging caste-based abuse and assault in public view – Appellant contended complaint was result of personal financial dispute and delay in lodging complaint unexplained – FIR filed nearly 2 year...

Criminal Procedure Code, 1973 – Section 102 – Prevention of Corruption Act, 1988 – Section 18A – Freezing of Bank Accounts – Mutually Exclusive Powers – The High Court held that freezing of accounts for PC Act offences can only be done via the attachment procedure in Section 18A (applying Ordinance of 1944) and not Section 102 CrPC – Held: The powers under...

Criminal Law - Contempt of Courts Act, 1971 – Section 12 – Apology – Power to Remit Sentence – Appellant issued a circular criticizing the judiciary ("Dog mafia", "Judges don't want to see") regarding stray dog orders – High Court convicted her for criminal contempt and rejected her unconditional apology as perfunctory – Held: The power t...