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

Fair Trial – Right to Legible Copy of Section 164 Statement – The accused sought a legible copy of the victim’s statement recorded under Section 164 Cr.P.C., as the copy provided was illegible – The Special Judge denied the request, suggesting the Magistrate could be summoned to explain the contents during trial – Held: The refusal to provide a legible copy of the 164...

Bail - Murder – Mens Rea and Use of Safety Shoes as a Weapon – Section 302 IPC – Bail Denied - Petitioner accused of kicking the deceased, Hiralal, with safety shoes during a wedding altercation after a sudden provocation – Petitioner argued that the cause of death was unrelated to the kicks, citing the postmortem report and lack of external injuries – Court held: Kic...

Criminal Conspiracy – Section 120(B)(2) IPC – Arms Seizure – Section 25(1-B)(a) of the Arms Act – Prosecution’s Failure to Prove Recovery Beyond Doubt – Conviction Set Aside – The petitioner was convicted under Section 25(1-B)(a) of the Arms Act and Section 120(B)(2) of IPC for illegal possession of firearms based on evidence of a confessional statement an...

Juvenile Justice Act – Plea of Juvenility – Gang-rape-murder case – Petitioner claimed juvenility based on School Leaving Certificate – Application under Section 7A of the JJ Act – Supreme Court reiterated that once the plea of juvenility has been rejected by courts up to the Supreme Court, the plea cannot be reagitated by filing a fresh application – Petitioner...

Guardianship and Custody – Contact Rights – Courts should ensure that the parent denied custody of the child should have the right to communicate with the child for 5 to 10 minutes daily via video call or other means – This helps maintain and improve the bond between the child and the non-custodial parent, facilitating easier transitions during visits and vacations [Para 22]. ...

Armed Forces – Misconduct – Summary trial dismissed the respondent from service for striking a superior officer – Armed Forces Tribunal modified the dismissal to 75 days detention and deprivation of First Good Conduct Badge – Supreme Court held that Tribunal has jurisdiction to substitute and mitigate punishment, finding the original dismissal order disproportionate –...

Murder vs. Culpable Homicide – Appellant contended the act falls under Section 304 Part II of IPC, arguing the applicability of Exception 4 to Section 300 IPC – Supreme Court found that none of the exceptions in Section 300 IPC were attracted – The act clearly constituted murder under Section 300 IPC, as the appellant throttled his wife without provocation or sudden quarrel, thus...

Abatement of Appeal – Fine and Imprisonment – Appellant's appeal against conviction under Sections 55(a) and 55(g) of the Kerala Abkari Act was not abated despite his death, due to the imposition of a fine – Supreme Court held that under Section 394 Cr.P.C., an appeal involving a sentence of fine does not abate even if it is combined with imprisonment – The High Court r...

Criminal Law – Acquittal Reversed by High Court – Conviction Set Aside by Supreme Court – Appellants convicted by the High Court under Sections 302, 148, and 120B read with Section 149 IPC for conspiring to murder the deceased, Babureddy, and attacking him with deadly weapons – Trial Court had acquitted the appellants, finding that the prosecution failed to prove guilt beyo...

Criminal Law – Conviction under Section 304 Part II IPC – Appellant convicted for culpable homicide not amounting to murder, sentenced to 5 years R.I. – On appeal, appellant argued that the death was caused in a sudden scuffle, and the deceased was under the influence of alcohol, trying to snatch money from the appellant – High Court held that the appellant acted in self-de...