Readiness and Willingness Under Section 16(c) Is Not a Ritualistic Phrase — Plaintiff Must Prove It With Substance, Not Just Words: Karnataka High Court FIR in Disproportionate Assets Case Quashed: Patna High Court Slams SP for 'Non-Application of Mind' and 'Absence of Credible Source Information' Ownership of Vehicle Linked to Commercial Quantity of Heroin – Custodial Interrogation Necessary: Punjab & Haryana High Court Denies Anticipatory Bail under Section 482 BNSS Death Caused by Rash Driving Is Not a Private Dispute — No FIR Quashing on Basis of Compromise in Section 106 BNS Cases: Punjab & Haryana High Court No Bank Can Override Court Orders: Rajasthan High Court Slams Axis Bank for Unauthorized Withdrawal from Court-Ordered FD" Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Eligibility Flows from Birth, Not a Certificate Date: Delhi High Court Strikes Down Rule Fixing Arbitrary Cut-Off for OBC-NCL Certificates in CAPF (AC) Recruitment Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Once a Court Declares a Department an Industry Under Section 2(j), State Cannot Raise the Same Objection Again: Gujarat High Court Slams Repetitive Litigation by Irrigation Department “How Could Cheques Issued in 2020 Be Mentioned in a 2019 Contract?”: Delhi High Court Grants Injunction in Forged MOA Case, Slams Prima Facie Fabrication Calling Wife by Her Caste Name in Public Just Before Suicide is Immediate Cause of Self-Immolation: Madras High Court Upholds Husband’s Conviction Under Section 306 IPC Sole Testimony of Prosecutrix, If Credible, Is Enough to Convict: Delhi High Court Upholds Rape Conviction Cheque Issued as Security Still Attracts Section 138 NI Act If Liability Exists on Date of Presentation: Himachal Pradesh High Court No Work No Pay Is Not a Universal Rule: Punjab & Haryana High Court Dock Identification Without Prior TIP Is Absolutely Useless: P&H High Court Upholds Acquittal in Attempt to Murder Case Filing Forged Court Pleadings in Union Government’s Name is Criminal Contempt: Karnataka High Court Sentences Litigant to Jail Execution of Will Proved, But Probate Justly Denied Due to Concealment of Property Sale: Delhi High Court Mere Designation Doesn’t Establish Criminal Liability: Bombay High Court Quashes Proceedings Against ICICI Officials in Octroi Evasion Case Fraud on Power Voids the Order: Supreme Court Quashes FIR Against Karnataka BJP Leader R. Ashoka, Slams Politically Motivated Prosecution Cause of Fire Is Immaterial If Fire Itself Is Insured Peril: Supreme Court Rebukes Insurer’s Repudiation Dragging a Trained Army Officer Up 20 Steps Without Resistance? The Story Lacks Credence: Supreme Court Upholds Acquittal in Army Officer’s Murder Semen Stains Alone Do Not Prove Rape: Supreme Court Acquits Doctor Accused of Rape No Mortgage, No SARFAESI: Supreme Court Rules Against NEDFi, Says Recovery Action in Nagaland Without Security Agreement Was Illegal Parity Cannot Be Denied by Geography: Supreme Court Holds Jharkhand Bound by Patna HC's Judgment, Orders Pay Revision for Industries Officer Once Power Flows Continuously from a Synchronized Turbine, It Is No Longer Infirm: Supreme Court Orders TANGEDCO to Pay Fixed Charges to Penna Electricity

"CRIMINAL LAW" Digest

Criminal Contempt of Court – Scandalising the Judiciary – News Report based on Speech – Gross Contempt Made Out – Rajendra Sail in a public rally termed the High Court judgment acquitting accused in Niyogi murder case as “rubbish,” alleged bias, corruption and lack of honesty of judges, and questioned assignment of cases to retiring judges – Held: Statemen...

Criminal Law - Section 302, 120B, 294, 307, 323, 34, 341, 353, 370, 380, 394, 397, 457, 506B of the IPC - Murder of Trade Union Leader – Circumstantial Evidence Against Industrialists Inadequate – Acquittal Upheld – Deceased, a labour rights leader, was allegedly murdered by conspiracy among local industrialists and hired killers – Trial court convicted A-1 to A-5 and A-9 b...

Criminal Liability – Common Intention – Section 34 IPC – Applicability Justified – The appellants were convicted under Sections 323, 325, and 326 read with Section 34 IPC for inflicting injuries resulting in the death of the deceased – The Supreme Court upheld the application of Section 34, holding that common intention can be inferred from the facts and surrounding c...

Criminal Law – Conviction under Section 302 read with Section 34 IPC – Appeal Dismissed – The appellant challenged his conviction for murder, asserting he had no active role in the incident and that the evidence of related witnesses was unreliable – The Supreme Court upheld concurrent findings of the Trial Court and the High Court, holding that the evidence of eyewitnesses ...

Criminal Law – Murder Conviction under Section 302 IPC – Conviction Affirmed – The appellant challenged the concurrent findings of the Trial Court and High Court convicting him for murder on several grounds including contradictions in medical and ocular evidence, delay in FIR, defective investigation, non-examination of witnesses, and denial of alibi – The Supreme Court fou...

Company Law  – SFIO probe – Whistleblower sought copies of complaint & annexures – Special Court directed “Issue CC on usual terms” without reasons – High Court quashed – Held: Stranger not entitled to complaint/annexures; only investigation report permissible under Section 212(13) Companies Act – Orders unsustainable – Applications re...

Criminal Law – Reversal of Acquittal – Conviction Restored – The Trial Court convicted the respondent under Section 302 IPC for murder based on consistent eyewitness testimony, post-mortem findings, and recovery of weapon – High Court reversed the conviction citing irregularities in the firing range test, ballistic report, and credibility of related witnesses – Held: ...

Criminal Law – Conspiracy – Sections 120B/302/109 IPC – Substratum of Prosecution Case – Principal Alleged Conspirator Discharged – Respondent charged with conspiring with Dr. Sanjay Singh to murder Syed Modi; Dr. Sanjay Singh and Amita Kulkarni earlier discharged, their discharge affirmed up to Supreme Court – Held: With the alleged main conspirator discharged ...

Criminal Law – Murder - Appeal Against Acquittal – Scope of Interference – Conviction Restored – Trial court acquitted all accused on conjectures (age/incapacity, alleged ante-timed FIR, private defence) – High Court reappreciated clear eye-witness evidence and reversed acquittal – Supreme Court: appellate interference justified where trial court ignores admissi...

Criminal Law - Dowry Death – “Soon Before Her Death” – Section 304B IPC – Conviction Set Aside – Evidence must show cruelty/harassment for dowry soon before death with a proximate and live link to the death – Record disclosed no dowry-related cruelty for about 15 months prior to death; proximity test not satisfied – Held: Conviction under Section 304...