State Can’t Block SARFAESI Sale by Late Revenue Entries: Secured Creditor’s Charge Prevails Over Tax Dues: Punjab & Haryana High Court Slams Sub-Registrar’s Refusal Providing SIM Card Without Knowledge of Its Criminal Use Does Not Imply Criminal Conspiracy: P&H High Court Grants Bail in UAPA & Murder Case Importer Who Accepts Enhanced Valuation Cannot Later Contest Confiscation and Penalty for Undervaluation: Madras High Court Upholds Strict Liability under Customs Act "Allegations Are Not Proof: Madras High Court Refuses Divorce Without Substantiated Cruelty or Desertion" When FIR Is Filed After Consulting Political Leaders, the Possibility of Coloured Version Cannot Be Ruled Out: Kerala High Court Mere Allegations of Antecedents Without Conviction Can't Defeat Right to Anticipatory Bail: Kerala High Court Section 106 Of Evidence Act Cannot Be Invoked In Vacuum – Prosecution Must First Lay Foundational Facts: Karnataka High Court Acquits Wife And Co-Accused In Husband’s Murder Case Parity Cannot Be Claimed When Roles Are Different: Karnataka High Court Refuses Bail to Youth Accused of Brutal Killing Injured Wife Would Not Falsely Implicate Her Husband: Gauhati High Court Upholds Conviction in Domestic Stabbing Case Disputed Bids, Missing Evidence and No Prejudice: Delhi High Court Refuses to Intervene in Tender Challenge under Article 226 License Fee on Hoardings is Regulatory, Not Tax; GST Does Not Bar Municipal Levy: Bombay High Court Filing Forged Bank Statement to Mislead Court in Maintenance Case Is Prima Facie Offence Under Section 466 IPC: Allahabad High Court Upholds Summoning Continued Cruelty and Concealment of Infertility Justify Divorce: Chhattisgarh High Court Upholds Divorce Disguising Punishment as Simplicity Is Abuse of Power: Delhi High Court Quashes Dismissals of Civil Defence Volunteers for Being Stigmatic, Not Simpliciter Marriage Cannot Be Perpetuated on Paper When Cohabitation Has Ceased for Decades: Supreme Court Invokes Article 142 to Grant Divorce Despite Wife’s Opposition Ownership of Trucks Does Not Mean Windfall Compensation: Supreme Court Slashes Inflated Motor Accident Award in Absence of Documentary Proof Concealment of Mortgage Is Fraud, Not a Technical Omission: Supreme Court Restores Refund Decree, Slams High Court’s Remand State Reorganization Does Not Automatically Convert Cooperative Societies into Multi-State Entities: Supreme Court Rejects Blanket Interpretation of Section 103 Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Eligibility Flows from Birth, Not a Certificate Date: Delhi High Court Strikes Down Rule Fixing Arbitrary Cut-Off for OBC-NCL Certificates in CAPF (AC) Recruitment Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Once a Court Declares a Department an Industry Under Section 2(j), State Cannot Raise the Same Objection Again: Gujarat High Court Slams Repetitive Litigation by Irrigation Department “How Could Cheques Issued in 2020 Be Mentioned in a 2019 Contract?”: Delhi High Court Grants Injunction in Forged MOA Case, Slams Prima Facie Fabrication Calling Wife by Her Caste Name in Public Just Before Suicide is Immediate Cause of Self-Immolation: Madras High Court Upholds Husband’s Conviction Under Section 306 IPC Sole Testimony of Prosecutrix, If Credible, Is Enough to Convict: Delhi High Court Upholds Rape Conviction Cheque Issued as Security Still Attracts Section 138 NI Act If Liability Exists on Date of Presentation: Himachal Pradesh High Court After Admitting Lease, Defendant Cannot Turn Around and Call It Forged—Contradictory Stand at Advanced Trial Stage Impermissible: Punjab & Haryana High Court Dismisses Revision Against Rejection of Amendment Plea Dismissed Employee Has No Right to Leave Encashment Under Statutory Rules: Punjab and Haryana High Court Section 13 of Gambling Act Is Cognizable — Magistrate Can Take Cognizance on Police Report: Allahabad High Court Clarifies Surveyor’s Report Not Sacrosanct, Arbitral Tribunal Has Jurisdiction to Apply Mind Independently: Bombay High Court Dismisses Insurer’s Challenge to Award in Fire Damage Dispute Auction Purchaser Has No Vested Right Without Sale Confirmation: Calcutta HC Upholds Borrower’s Redemption Right Under Pre-Amendment SARFAESI Law Mere Breach of Promise to Marry Doesn’t Amount to Rape: Delhi High Court Acquits Man in False Rape Case Father Is the Natural Guardian After Mother’s Death, Mere Technicalities Cannot Override Welfare of Child: Orissa High Court Restores Custody to Biological Father Assets of Wife and Father-in-Law Can Be Considered in Disproportionate Assets Case Against Public Servant: Kerala High Court Refuses Discharge

"CRIMINAL LAW" Digest

Criminal Procedure – Quashing of FIR – Scope and Limits of Judicial Interference – Complaint against a former Chief Minister alleging disproportionate assets – FIR quashed by High Court on grounds of political vendetta and mala fides – Supreme Court reverses High Court decision – Holds that FIR disclosed commission of cognizable offence and warranted investigati...

Rape Conviction – Deaf and Dumb Witness – CrPC S.164(5-A); Evidence Act Ss.118–119 – Interpreter was prosecution witness; denial of effective cross-examination – Trial vitiated – Conviction set aside without remand; guidelines issued for vulnerable witnesses. Rape Conviction – Deaf and Dumb Witness – Section 376(2)(l) IPC; Section 164(5-A) CrPC &n...

Criminal Law – Murder – Conspiracy – Acquittal – Accused convicted by Trial Court for murder based on motive, last seen theory, and recovery of incriminating material – High Court reversed conviction citing lack of reliable evidence, failure to prove motive, and inadmissibility of call detail records – Supreme Court upheld acquittal – Held: No reliable, co...

Criminal Law – Sections 406 & 420 IPC – Failure to perform contract – Civil breach dressed up as criminal case – FIR after 8 years held mala fide – Quashed under Bhajan Lal. Criminal Law – Cheating and Criminal Breach of Trust – Quashment – Dispute arose out of a sale agreement executed in 2013 for property transfer – Complainant paid ...

Criminal Law – SC/ST Act – Anticipatory Bail – Maintainability – Where the allegations in FIR do not disclose a prima facie offence under the SC/ST Act, bar under Sections 18 and 18A of the Act does not apply – In such cases, anticipatory bail is maintainable under Section 438 CrPC [now Section 482 BNSS] before the High Court – Held: High Court retains concurren...

Criminal Procedure – Pre-Arrest Bail – Maintainability – Petition under Section 482 BNSS filed directly before High Court without first approaching Sessions Court – Petitioner sought anticipatory bail in a case involving alleged fraud and cheque dishonour related to ₹16.46 lakhs in unpaid dues for maize – Held: Though High Court has concurrent jurisdiction under Sec...

Criminal Law – Dismissal for Default – Acquittal – Petitioner filed complaint under Sections 500, 195, 120B IPC against a developer alleging defamation and conspiracy – Complaint was dismissed for default on 22.07.2024 after petitioner failed to appear due to confusion in reading the next date as 07.08.2024 instead of 07.03.2024 from cause list – Application for resto...

Criminal Law – Misappropriation by Public Servants – Quashment – Petitioners, employees of BEVCO, were prosecuted for misappropriating foreign liquor stock worth ₹27,92,523 during 01.04.2018 to 30.07.2018 – Contended that remittance of the loss amount in accordance with BEVCO’s circular dated 20.12.2017 absolved them of criminal liability – Held: Circular subs...

Bail – Fraudulent Availment of Input Tax Credit under CGST Act – Compliance with BNSS – Bail Order Set Aside – Accused allegedly availed fraudulent ITC of ₹8.27 Cr and ₹8.26 Cr respectively – Petitioner challenged bail granted by CJM, Kamrup (M), Guwahati, based on omission of Section 47 and 48 headings in Arrest Memo and Notice to Relatives – Held: Arrestin...

Capsule – Section 498A IPC/Dowry Act – Omnibus allegations – Bhajan Lal applied – FIR vague, lacking specifics – Criminal proceedings quashed against brother-in-law – Parties free to pursue other remedies. Section 498A IPC/Dowry Act – Quashing – Omnibus allegations – Allegations in FIR against brother-in-law vague and lacking time, place, or...