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 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 Harassment – Quashing of FIR – The petitioners sought quashing of the FIR on the ground that the allegations were vague and lacked specific details – The Court observed that the allegations made against the petitioners, who are the informant's parents-in-law, were general and did not meet the threshold for constituting cruelty under Section 498-A IPC – Held that v...

Criminal Law – Corruption Conviction – Reversal on Appeal – Appellant, a Junior Assistant in the Taluk Office, was convicted under Sections 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act for demanding and accepting a bribe of Rs.250/- for issuing a death certificate. The trial court sentenced him to rigorous imprisonment and fines. On appeal, the High Court fo...

Criminal Law – Discharge - Abetment of Suicide – Section 306 IPC – Whether sufficient prima facie evidence exists to proceed against the accused for abetment of suicide – Held, based on the viscera report indicating poisoning and evidence of the applicant's conduct before and after the death, there is more than a prima facie case to proceed under Section 306 IPC –...

Criminal Law – Anticipatory Bail – Section 438 of CrPC – Whether anticipatory bail can be granted to a person already in custody for a different offence – Held, an accused can apply for anticipatory bail in relation to a different offence while in custody – Supreme Court clarifies that arrest in one offence does not preclude arrest for another, and formal arrest can b...

Criminal Law – Regular Bail – Section 439 CrPC and Section 45 PMLA – Bail for a woman under PMLA – The petitioner applied for regular bail under Section 439 CrPC, arguing that she was wrongfully implicated in a money laundering case linked to her father’s illegal activities. She was accused of laundering approximately ₹12 crores through her companies from proceeds o...

Criminal Law – Murder – Section 302 IPC – Appeal against Conviction – Reliability of Child Witnesses – Appellant convicted for the murder of his mother-in-law and grievously injuring his wife. The trial court convicted based on the testimony of two child witnesses (sons of the appellant) and corroborative forensic evidence – Held, the testimony of child witnesse...

Criminal Law – Corruption – Sections 120-B, 420 IPC and Section 13 of the Prevention of Corruption Act – Allegations of conspiracy and wrongful loss – Held, the prosecution alleged that the applicants conspired to manipulate tender procedures and awarded contracts for substandard Digital Display Boards for the SAFAR project, causing a loss of ₹2.50 crores to IITM. However...

Criminal Law – Additional Evidence at Revision Stage – Section 401 CrPC – Whether additional evidence can be admitted at the revision stage – Held, the High Court can permit additional evidence even during revision if it is relevant and necessary to prevent miscarriage of justice. Documents proving illegal detention of the petitioner were allowed as additional evidence &nda...

Criminal Law – Abduction and Murder – Section 364A and 302 IPC – Conviction based on circumstantial evidence – Held, the prosecution established that the appellants abducted the victim for ransom, and when they failed to extort money, they murdered him. Despite no direct evidence of the murder, the chain of circumstantial evidence and the appellants' failure to provide ...

Criminal Law – Murder Conviction – Reversal on Appeal – Appellant convicted for the murder of the deceased by severing his head with a chopper – Trial court sentenced him to life imprisonment – On appeal, High Court finds that key witnesses (P.W. 1, P.W. 2, P.W. 6) were unreliable and inconsistent with the prosecution's case – Confessional statement and reco...