Punjab & Haryana High Court Upholds Collector’s Appointment of Ex-Serviceman as Lambardar: Preference for Service to the State Valid Tax to Be Computed at 100% Under DTVSV Act, Rejects Inclusion of Belated Grounds in Disputed Tax: Bombay High Court Petitioner’s Father Did Not Fall Within Definition of Enemy – Kerala High Court Quashes Land Classification Under Enemy Property Act Calcutta High Court Upholds Cancellation of LPG Distributor LOI for Violating Guidelines Recording 'Reasons to Believe' is a Mandatory Safeguard, Not a Mere Formality Under PMLA: P&H High Court Illegality Is Incurable, Unauthorized Constructions Cannot Be Regularized: Bombay High Court Kerala High Court Quashes Tribunal’s Order Granting Retrospective UGC Benefits to Librarians Without Required Qualifications Order XLI Rule 27 CPC | No Evidence Can Be Admitted Beyond Pleadings, And Additional Evidence Cannot Be Allowed Merely To Fill Lacunae: Jharkhand High Court Quashing | Mere Heated Exchanges Over Loan Repayment Do Not Constitute Abetment of Suicide: Supreme Court Prisoner Transfers Must Prioritize Security and Prevent Gang Violence: Supreme Court Restores Intra-State Transfer Order Jurisdiction Under Section 100 CPC Is Conditional Upon Framing Substantial Questions of Law: Supreme Court Panchayat Election | Punjab & Haryana High Court Upholds Bar on Judicial Review During Election Process Encroachment Allegation Requires Concrete Evidence, Not Mere Surmises: Bombay High Court Dismisses Plea for Disqualification of Sarpanch Order Denying Permission for Peaceful Protest Rally Set Aside: Calcutta High Court Prolonged Custody Alone Cannot Justify Bail In Cases Involving Heinous Crimes: Delhi High Court Body Shaming and Sexually Colored Remarks Are Unacceptable In A Civilized Society: Kerala High Court No Mandatory Injunction Where Failure to Prove Ownership and Possession: Punjab and Haryana High Court Supreme Court Dismisses Article 32 Petition Seeking Declaration of Bombay High Court Judgment as Illegal Specific Relief Act | Power to Extend Time Under Section 28 Is Discretionary and Must Be Exercised Prudently: Supreme Court

"CRIMINAL LAW" Digest

Dowry Death – Conviction Reversed – Appellants, father-in-law and mother-in-law of the deceased, were convicted under Sections 304-B and 498-A IPC by the Trial Court and sentenced to 10 years of imprisonment – The High Court, while reducing the sentence to 7 years, upheld the conviction – The Supreme Court reversed the conviction, holding that there was no direct evidence o...

Bail - Hostile Witness – Testimony’s Value – Not Entirely Disregarded – The victim initially incriminated the applicant during her examination-in-chief, but later retracted during cross-examination – Held: Testimony of a hostile witness cannot be wholly disregarded – The court should scrutinize the evidence and rely on parts that remain credible and consistent w...

  Mercy Petition – Judicial Review – Grounds for Review – Quick consideration and rejection of mercy petition by the President not grounds for judicial review – Delay may warrant review, but swift rejection suggests thorough consideration not predetermined stance – Petitioner’s arguments on non-application of mind and solitary confinement found unsubstan...

Criminal Law – Quashing of Proceedings – Dispute over property between complainant and father of appellants pending prior to alleged incident – Police had already initiated proceedings under Sections 151, 107, and 116 Cr.P.C. against both parties to maintain peace – Application under Section 156(3) Cr.P.C. filed six weeks after incident – Complaint under Section 200 C...

Criminal Law – Quashing of Proceedings – High Court examined charges at pre-trial stage – Allegations of obtaining fake loans with the connivance of bank officials – High Court erred in quashing charges when allegations required proof in trial – Beneficiary status of respondents due to father's position as bank president prima facie indicates offenses under Sectio...

Criminal Law – Quashing of Proceedings – Allegations of providing sub-standard materials for a project – FIR filed in 2000, charge sheet in 2004, summons served in 2017 – No specific allegations of fraudulent or dishonest intention from inception – No vicarious liability established against Managing Director and Director – Company not made a party – Crimin...

Criminal Law – Suppression of Criminal Case – Employment in Police Service – Respondent applied for constable position and falsely stated no involvement in any criminal case – Appointed but later found to be involved in a criminal case – Discharged for false statement – Tribunal upheld discharge, but High Court reversed, citing triviality and quashing of crimina...

Trusts – Suit for Mandatory Injunction – Section 92 of CPC – High Court's finding that suit by Trust against Sevadar was not maintainable without complying with Section 92 CPC – Section 92 applicable to suits against Trusts, not by Trusts – High Court’s order erroneous – Suit maintainable and decree rightly passed by First Appellate Court [Paras 10-12]...

Criminal Law – Acquittal – Appeal against High Court’s order acquitting accused – High Court found prosecution case to suffer from serious infirmities and inconsistencies – Missing links in chain of circumstances – Prosecution failed to establish guilt beyond reasonable doubt – Acquittal upheld by Supreme Court [Paras 19-26].   Conspiracy &ndash...

Criminal Law – Filing of False Proceedings – Misuse of Judicial Process – Appellants filed appeals in the name of Bhagwan Singh challenging orders of the Allahabad High Court – During proceedings, it was revealed that Bhagwan Singh had not authorized any such filings and had no knowledge of the SLPs in his name – Multiple advocates were involved in submitting forged d...