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 – Conviction and Sentencing – Conviction under Section 302 IPC challenged on the basis of the incident occurring on the spur of the moment – Conversion to Section 304 IPC sought – Incident involved altercation over excavation, leading to firing by appellant – High Court relied on eyewitness testimonies and medical evidence – Conviction under Section...

Environmental Law – Coastal Regulation Zone (CRZ) – Appeal against prohibition on development of resort – CRZ Notifications 1991, 2011, and 2019 apply to backwater islands – High Court's findings upheld – Islands classified under CRZ categories due to ecological sensitivity – No new construction permitted within 20 meters from HTL under CRZ 2019 – Appe...

Criminal Law – Forgery – Appeal against High Court decision affirming conviction under Sections 467 and 468 IPC – Appellant, a postman, accused of forging the signature of PW-2 on a delivery slip for a registered envelope containing Indira Vikas Patras – Prosecution evidence included testimony from complainant, denial of signature by PW-2, and reports from handwriting exper...

Criminal Procedure – Bail – Jurisdiction – Appeal against High Court order which went beyond the scope of Section 439 CrPC – High Court, while granting bail, constituted a committee to recommend criminal justice system reforms – Supreme Court held that jurisdiction under Section 439 is limited to granting or denying bail – High Court's additional directions ...

Criminal Law - Acquittal - Conviction under Sections 323 and 436 IPC - Sufficiency of Evidence – The appellants were convicted for voluntarily causing hurt and committing mischief by fire – The prosecution case was that the appellants demanded money from the complainant and, upon refusal, assaulted him and set his house on fire – Held: The court found that the prosecution failed ...

Murder and Grievous Assault – Conviction Based on Child Witnesses – Sections 302 and 326 IPC – The appellant was convicted for the murder of his mother-in-law and causing injuries to his wife – The conviction was primarily based on the testimony of child witnesses, the sons of the appellant – Held: The testimonies of the child witnesses were found reliable and were co...

Criminal Procedure – Approver – Bail Granted – The petitioner, an approver in a case involving offenses under Section 302 IPC, sought bail after testifying in both the trial of the co-accused and a Court Martial – The trial court rejected the bail application based on Section 306(4)(b) of Cr.P.C., which mandates the detention of an approver until the termination of the tria...

Criminal Law – Conviction under Section 304B IPC and 201 IPC – Acquittal – The appellant (Accused No.1) was convicted for the dowry death of his wife under Section 304B of the IPC and sentenced to life imprisonment – Accused No.2 was convicted under Section 201 IPC for allegedly removing evidence of the suicide – Both accused appealed against the conviction – Th...

Criminal Law – Rape – Acquittal Due to Inconsistent Testimony – The appellant was convicted by the trial court under Sections 341, 366, and 376 of the IPC based on the victim's testimony, which alleged abduction and rape by the appellant and others. However, discrepancies were noted between her statement under Section 164 CrPC and her deposition before the court. The victim&#...

NDPS - Possession and Conscious Possession – Section 20(b)(ii)(C) NDPS Act – The appellant was convicted for possessing 208 kg of ganja, which was seized from a private vehicle he was driving – Held: The court observed that possession includes both physical custody and mental awareness – The standard for conscious possession varies depending on whether the vehicle is public...