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 – Arrest and Bail – Allowed - High Court Judgment – Appellant Arvind Kejriwal's arrest upheld by the High Court for alleged involvement in manipulation of the Excise Policy for undue gains. High Court denied regular bail. Appellant challenged arrest procedure under Sections 41(1) and 41A of CrPC. Held: Arrest not illegal, but continued incarceration pending trial...

Criminal Law – Rash and Negligent Driving – Conviction and Sentencing – Petitioner convicted under Sections 279, 337, and 304-A IPC for causing a fatal accident while driving a tanker in a rash and negligent manner. Trial court sentenced him to rigorous imprisonment and fines. Conviction and sentence upheld by appellate court, leading to the filing of the present revision petitio...

Criminal Law - Bail - Bharatiya Nyaya Sanhita, 2023 - Specific Overt Acts - Petitioners 2 and 4, involved in a case of grievous assault using metal rods, were denied bail due to the severity of their actions, which resulted in significant injuries to the victims. The court emphasized that the evidence, including medical records, supported the prosecution's case against these petitioners. In co...

Criminal Law – Murder – Acquittal Upheld – Eyewitness Testimonies – The prosecution’s case relied on the testimonies of two eyewitnesses, PW 11 Sudip Mukhopadhyay and PW 12 Abdul Rashid, along with circumstantial evidence – PW 11 initially claimed to have seen the respondent firing the shots but contradicted himself during cross-examination, stating that he only...

Criminal Law – Quashing of Proceedings – Petition to quash criminal proceedings against the petitioner who was accused of quid pro quo investments and receiving undue benefits from government projects – The High Court dismissed the petition, emphasizing the limited scope of Section 482 CrPC and the need for trial to determine the factual disputes and criminal liability [Paras 1-6...

Criminal Law – Culpable Homicide – Section 304 Part II IPC – Defense of Private Defense – The appellant was convicted under Section 304 Part II IPC for pelting stones at the deceased, resulting in fatal injuries. The incident occurred during a scuffle over a monetary dispute where the deceased was under the influence of alcohol and attempted to snatch money from the appella...

Criminal Law – Transit Anticipatory Bail – Sought for offences under Sections 498A, 323, and 504 of IPC and Sections 3 and 4 of the Dowry Prohibition Act – The petitioners filed for anticipatory bail in Karnataka while the case was registered in Uttar Pradesh – Held: Granted transit anticipatory bail for three weeks to enable petitioners to seek anticipatory bail from the j...

Family Law – Maintenance – Quantum of Maintenance – Reduce Maintenance - The wife filed an application under Section 125 Cr.P.C. seeking maintenance, claiming the husband, employed as a vice president in Citi Bank Dubai, was earning a substantial income – The Family Court awarded interim maintenance of ₹60,000 per month to the wife – The husband contested the amount...

Criminal Law – NDPS Act – Acquittal - Section 52A compliance – Whether the procedure for sampling under Section 52A was followed. Held, the samples were drawn on the spot without the presence of a Magistrate, which contravenes the NDPS Act. As per the Supreme Court's decisions in Mohanlal and Yusuf, samples must be drawn in the presence of a Magistrate, and the inventory must...

Criminal Law – Prevention of Money Laundering Act (PMLA) – Bail Granted – The appellant, Manik Bhattacharya, was arrested by the Enforcement Directorate (ED) for allegedly receiving Rs. 7,00,000 from 44 candidates – Charged under Section 3, read with Section 70, and punishable under Section 4 of the PMLA, 2002 – His bail applications were denied twice by the trial cou...