Non-Communication Of Grounds Of Arrest In Writing & Denying Legal Aid During First Remand Vitiates Detention: Punjab & Haryana High Court Dispute Over Authenticity Of Will Falls Within Domain Of Civil Court: Telangana High Court Grants Anticipatory Bail In Forgery Case State Cannot Arbitrarily Retain Premium Paid For Unutilized FSI; Denial Of Refund To Residential Projects Violates Article 14: Supreme Court Trial Court Cannot Disregard Evidence Of Witness Proving Will If Attesting Witnesses Are Deceased: Andhra Pradesh High Court PSPCL Mandates 48-Hour Processing For Lawyers Seeking Conversion To Domestic Electricity Tariff For Court Chambers "Clean Slate Theory": Supreme Court Holds Pending Suits And Arbitrations By Operational Creditors Stand Extinguished Upon Approval Of IBC Resolution Plan Deceased Witness's Testimony From Split Trial Admissible Against Absconding Accused Without Prior Formal Order: Supreme Court Term 'Second Class Passenger' Offensive To Spirit Of Constitution, Attach Class Connotation To Coach Instead: Supreme Court Mere Absence Of Ticket Does Not Negate Status As Bona Fide Passenger In Railway Accident Claims: Supreme Court "Vulgarity Is Not Obscenity": Supreme Court Says Mere Use Of Swear Words Or Threats During Altercation Not Punishable Under Sections 294(b) & 506 IPC Old Age & Health As Mitigating Factors: Supreme Court Modifies 70-Year-Old's Sentence Under Section 326 IPC To Imprisonment Till Rising Of Court Trial Court Cannot Exclude Property From Partition In Final Decree Proceedings If Review Order Directs Its Division: Telangana High Court Husband Must Inquire If Appeal Is Filed Before Remarrying; Remarriage During Subsistence Of Appeal Cannot Be Ground To Refuse Stay On Divorce Decree: Gujarat High Court Section 24(5) CPC Empowers Superior Courts To Transfer Suits Even From Courts Lacking Jurisdiction; Return Of Plaint Under Order VII Rule 10 Not Only Course: Allahabad HC Nominated Members Of Municipalities Have No Right To Vote In Legislative Council Elections: Supreme Court Writ Jurisdiction In Election Matters Not Absolutely Barred If Alternative Remedy Is Ineffective: Supreme Court Courts Can Presume Official Acts Of Revenue Officers Were Regularly Performed Under Section 114 Evidence Act: Gujarat High Court Omission Of Dispossession Date In Plaint Not Sufficient Ground For Rejection Under Order VII Rule 11 CPC: Telangana High Court

"CRIMINAL LAW" Digest

Arrest – Non-Furnishing of Grounds of Arrest in Writing – Article 22(1) of Constitution – Section 47 BNSS – Court secured trial court records and found that grounds of arrest were not furnished to petitioner prior to production before Magistrate – Held: Non-supply of written grounds of arrest within stipulated time renders arrest illegal – Petitioner entitled to...

Cheques drawn on State Bank of Patiala presented after its merger with State Bank of India – Cheques returned with remark “Funds Insufficient” and not “Invalid” – Contention that cheques became invalid after 31-12-2017 due to amalgamation – Held: Expression “within the period of its validity” in proviso (a) to Section 138 is elastic and may cov...

Criminal Law - Quashing of Proceedings – Section 482 CrPC – Wrong Quotation of Penal Provisions – Petitioner, a Director of company, sought quashing contending offences under Sections 415, 420, 472, 477A, 378 and 379 IPC not attracted – Held: Mere misquoting of penal provisions by investigating agency does not warrant quashing – Trial Court empowered to frame appropri...

Criminal Law – Default Bail – Section 187(2) BNSS – NDPS Offence – Accused arrested on 07.05.2025 – Statutory period of 180 days for filing challan – Prosecution sought extension before expiry – Extension granted without presence of accused – Held, extension order passed in absence of accused vitiated – Accused entitled to default bail [Paras 5...

Negotiable Instruments Act – Section 138 – Presumption of Legally Enforceable Debt – Execution of cheque and receipt of statutory legal notice admitted by accused – Cheque dishonoured with remark “Account Closed” – Statutory presumption under Sections 118(a) and 139 attracted – Burden shifted on accused to rebut presumption by raising probable defenc...

Criminal Law – Bail – Sections 304, 279, 337, 338, 427, 120-B, 201, 213, 214, 466, 467, 468, 471, 109 read with Section 34, Indian Penal Code, 1860 – Allegations of conspiracy, destruction and fabrication of evidence following a fatal road accident – FIR registered for offences under IPC, Prevention of Corruption Act and Motor Vehicles Act – High Court rejected applic...

Bail - Section 12 MCOCA - Arrest and Detention – Look-Out Circular – Commencement of Custody – Appellant detained at Amritsar Airport pursuant to LOC and handed over to Delhi Police – Held, arrest commences from moment liberty is restrained – Custody to be computed from time of airport detention – Subsequent plea of “release” not supported by contemp...

Criminal Revision – Discharge – Scope under Sections 397 & 401 Cr.P.C. – Limited Interference – Petitioners sought discharge from offences under Sections 498-A, 506, 341, 294, 509 read with Sections 34 and 109 IPC – Revisional jurisdiction invoked against order of JMFC refusing discharge – Held: Revisional power is limited and meant to correct patent illegal...

Criminal Law – Abortion – Section 312 IPC – Summoning Order Quashed – Petitioner summoned for offence under Section 312 IPC for terminating 14-week pregnancy – Termination conducted in a registered medical facility under supervision within the permissible 20-week limit under the MTP Act – Medical records stated reason as marital discord – Court held that a...

Criminal Law – Further Investigation – Power of Magistrate – Limits on Directions to Police – Complaint alleging cheating, forgery and criminal breach of trust referred for investigation under Section 175(3) BNSS – Police filed negative final report – Magistrate refused to accept final report and ordered further investigation under Section 173(8) CrPC – Ho...