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

Criminal Law – Unlawful Assembly and Murder – Appellants convicted for participating in an unlawful assembly that brutally beat the deceased, causing his death – Conviction based on consistent eyewitness testimonies and corroborative medical evidence – Supreme Court upheld conviction under Sections 147, 148, 302/149 IPC, emphasizing the intention to cause death and the merc...

Criminal Law – Narcotic Drugs and Psychotropic Substances Act, 1985 – Conviction under Section 18 – Appellant convicted for possessing 1.75 kg of opium – Trial Court sentenced him to 10 years rigorous imprisonment and fine – High Court affirmed conviction – Appeal to Supreme Court raising issues of incomplete link evidence and non-examination of independent witn...

Criminal Law – Conspiracy and Corruption – Appellant, a former Director of Mines and Geology in Karnataka, sought discharge from charges of conspiracy and corruption – High Court set aside Magistrate's order granting discharge – Supreme Court examines evidence and legal principles under Section 227 of Cr.P.C. – Held that sufficient material existed to frame charge...

Criminal Law – Murder – Appellants convicted for causing death of Sher Singh by setting him on fire – Trial Court and High Court relied on two dying declarations made by the deceased – Supreme Court examines the reliability and validity of the dying declarations – Conviction upheld [Paras 1-30].   Dying Declarations – Reliability and Evidentiary Value...

Criminal Law – Suspension of Sentence – Appeal against the decision of the Punjab and Haryana High Court upholding the vacation of suspension of sentence due to non-compliance with the condition of deposit – Court finds Additional Sessions Judge acted within jurisdiction in declaring suspension vacated for non-compliance with deposit condition – Upholds mandatory deposit co...

Prevention of Money Laundering Act (PMLA) – Section 66 – Sharing of Information – Whether the ED exceeded its jurisdiction under Section 66(2) by sending a questionnaire to customers and compelling them to file complaints – Held, the ED's action of soliciting information was within its powers under the PMLA, and the questionnaire aimed to gather information about the pr...

Preventive Detention – Allegations of Mala Fide Action – The petitioner, a local journalist, was detained under the Jammu & Kashmir Public Safety Act, 1978, based on a dossier alleging his involvement in repeated criminal acts – The petitioner contended that the detention was mala fide, with the authorities portraying him falsely as a habitual offender by selectively referrin...

Criminal Law – POCSO Act – Charge Framing – Petition Allowed – Juvenile Justice – Impact of Juvenility on Prosecution - The petitioner argued that the period of alleged offenses, as per the prosecution, covered his period of juvenility - Annexure A8 (birth certificate) showed his date of birth as 23.09.1996, making him a juvenile until 23.09.2014 - Held: The court dir...

Juvenile Justice – Heinous Offences – Interpretation of 'heinous offences' under Section 2(33) of the Juvenile Justice Act, 2015 – Offences with maximum sentence more than 7 years but no minimum sentence or minimum sentence less than 7 years do not qualify as 'heinous offences' – Such offences are to be treated as 'serious offences' – Offences ...

Criminal Law – Sexual Assault – Conviction Set Aside: The appellant was accused of abducting a minor and sexually assaulting her. The prosecutrix claimed she was forcibly taken and raped. However, during cross-examination, her statements indicated that she was a consenting party. Held: The prosecutrix’s own testimony showed consent, and there were contradictions in her statements...