Possession and Part Performance: Stamp Duty Compliance Is Non-Negotiable, Says Delhi High Court Calcutta High Court Declares Disciplinary Action as ‘Shockingly Disproportionate’, Orders Reduction in Rank for Petitioner No Profits, No Deduction — Section 33AC Must Precede 80-I Calculation in Shipping Tax Disputes: Bombay High Court Equity and Merit Must Coexist: Kerala High Court Rules on Regularisation of Temporary Forest Department Employees Lawyers Have No Right to Strike: Madras High Court in Contempt Case Encroachment is like committing a 'dacoity' against public resources: Delhi High Court. High Court Rejects Plea of Kindergarten School Against ESI Contribution Assessment Kerala High Court Quashes Rape Proceedings Citing 'Humanitarian Consideration' After Accused Marries Victim Procedural Delays Do Not Justify Condonation of Delay," Rules Delhi Consumer Commission in National Insurance Case Elements of Section 300 IPC Are Not Made Out: Rajasthan High Court Quashes Murder Conviction in 1987 Beating Case Registrar Cannot Be a Judge of His Own Cause: Punjab and Haryana High Court Quashes Amendments MP High Court Upholds Prosecution for Forged Patta: 'Accountability in Public Office is Non-Negotiable Approval Must Be Granted for Altruistic Kidney Donations," Rules Madras High Court Grave Illegality in Appellate Remand: High Court of Rajasthan Orders Reassessment on Merits Commissioner Lacked Authority for Retrospective Cancellation: Punjab & Haryana High Court Restores Educational Trusts' Registrations Intent is Crucial in Violent Crimes: Single Blow with Axe Does Not Imply Attempt to Murder," Rules Madhya Pradesh High Court

"CRIMINAL LAW" Digest

Anticipatory Bail – Suicide Inducement Allegations – Accused seeks anticipatory bail asserting no direct or indirect role in deceased’s suicide – Claims only demanded repayment of invested money – Court examines circumstances and legal principles governing anticipatory bail [Paras 1-3]. Judicial Discretion – Criteria for Bail – High Court considers abse...

Service Law – Recruitment Process – Petition challenging recruitment and transfer process for Range Forest Officers – Petitioner ineligible based on service duration at notification time – Tribunal's dismissal upheld – High Court emphasizes strict adherence to eligibility criteria and procedural rules in recruitment [Paras 1-11]. Public Service Commission Rules...

Criminal Law – Quashing - Extortion – Ingredients under Section 383 IPC – Not Prima Facie Made Out – Quashing of FIR Allowed – To establish extortion under Section 383 IPC, there must be intentional fear caused, dishonest inducement, and delivery of property by the victim. In this case, the complainant, who was not a direct victim, alleged extortion under the Electora...

Criminal Law - Protest Petition – Direction to Reconsider Case – Order Upheld – The appellant challenged the High Court's decision that set aside the Magistrate's order directing the investigating agency to reconsider the case based on a protest petition – The Court interpreted the Magistrate’s order as a direction for continuation of investigation, not reinve...

Criminal Law - Jurisdiction to Take Cognizance – Section 195(1)(b) of Cr.P.C. – Complaint Not Filed in Competent Court – Quashing of Complaint Ordered – A complaint alleging forgery and conspiracy regarding a document used in Regular Civil Suit No. 427/1999 was filed before a Magistrate not having jurisdiction under Section 195(1)(b) of Cr.P.C., which mandates that only the...

Dowry Death – Essential Ingredients – Section 304-B IPC – Conviction Upheld – The court identified the four essential ingredients of Section 304-B IPC: unnatural death within seven years of marriage, cruelty or harassment soon before death, and cruelty connected to dowry demand. It found sufficient evidence that the deceased was subjected to prolonged cruelty linked to dowr...

  Criminal Law – Bail Application – Offence under Section 108 of Bharatiya Nyaya Sanhita (BNS), 2023 – Bail Granted – The petitioner, accused of receiving Rs. 65,00,000 on the promise of arranging a job in Australia and failing to fulfill the promise, resulting in the suicide of the complainant, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita...

Criminal Law - Customs Act – Alleged Possession of Contraband Gold – Acquittal Upheld – The accused was charged with unlawful possession of 1000 tolas of primary gold under the Customs Act, 1962, and Gold (Control) Act, 1968 – Prosecution relied heavily on the confessional statement under Section 108 of the Customs Act and testimony of DRI officials – No independent w...

Criminal Law – Challenge Arrest Procedure and Remand – Adherence to BNSS and Constitutional Norms – Judicial Review Upheld – The petitioner challenged the remand order alleging procedural lapses and constitutional violations in the arrest and custody proceedings – Court examined compliance with the Bharatiya Nagarik Suraksha Sanhita, 2024, and Articles 21 and 22 of th...

Quashing of Proceedings – Power of High Court under Section 482 CrPC – Despite being non-compoundable, criminal proceedings under Sections 306 and 498A IPC can be quashed if evidence is insufficient, and the nature of the allegations is private and matrimonial. Amicable settlement for the welfare of the victim’s children weighed heavily in favor of quashing – Held: Proceedi...