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

Bail – Foreign National – Forged Passport and Aadhaar – Sections 319, 336(3), 340 BNS – Passport Act and Foreigners Act – Petitioner, a Bangladeshi national, alleged to have illegally entered India, created Aadhaar card with false parentage details and obtained Indian passport – Arrested at airport while attempting to travel to Dubai – Investigation comple...

Criminal Law – Complaint Case – Pre-Cognizance Stage under BNSS, 2023 – Issuance of Notice to Accused – Scope of Section 223 BNSS – Two criminal petitions filed under Section 528 BNSS seeking quashing of proceedings in C.R. Case Nos. 143/2025 and 144/2025 pending before JMFC, Morigaon – Notices issued to accused prior to examination of complainants and witnesses...

NDPS Act – Bail – Commercial Quantity – Prolonged Incarceration – Parity – Appellant charged for offences under Sections 8(c) read with Sections 20(b)(ii)(C), 22(c), 23, 28 and 29 of the NDPS Act and Section 135 of the Customs Act – Contraband allegedly seized was above commercial quantity – High Court denied regular bail – Appellant in custody for m...

Anticipatory Bail – Prevention of Money Laundering – Organized Cyber Frauds – Petitioners alleged to be key operatives in third and second layers of laundering network – Large-scale layering of proceeds of crime through hundreds of mule accounts, conversion to cryptocurrency, and uploading to UAE-based PYYPL platform – ED investigation revealed deep involvement of pet...

Prevention of Corruption Act, 1988 – Prosecution Sanction – Refusal by Competent Authority – Subsequent Grant by Another Authority – Validity – Petitioner, Assistant Grade-II in Municipal Council, faced prosecution under Sections 7, 13(1)(b) and 13(2) PC Act – President-in-Council, being competent authority under Section 19(1) PC Act, refused sanction – St...

Family Law - Domestic Violence Act – Daughter as “aggrieved person” – Maintainability – Petition under Section 12 DV Act filed by minor daughter (through maternal grandmother) seeking protection, residence/monetary relief, maintenance and compensation – Father challenged maintainability contending “aggrieved person” under Section 2(a) refers to &ldqu...

Criminal Proceedings – Quashing under Section 482 Cr.P.C – Allegation of Voyeurism – Section 354C IPC – Ingredients of Offence Not Made Out – Private complaint alleging taking of photograph of complainant while laying clothes for drying – Sworn statement did not disclose that complainant was engaged in a “private act” or that her privacy was violated...

Criminal Law – Further Investigation – Leave of Court – Mandatory Requirement – FIR registered for serious offences including gang rape – After detailed investigation, closure report filed and accepted by Judicial Magistrate after notice to informant – Supreme Court held that once a final report under Section 173(2) CrPC is accepted by the Court, further investi...

Matrimonial Law - Domestic Violence Act – Interim Maintenance – Allegation of Adultery – Revision Petition by husband challenging concurrent orders granting interim maintenance of ₹26,000/- per month to wife – Contention that wife living in adultery is not an “aggrieved person” under Section 2(a) of PWDV Act – Held: At interim stage, unproven allegations...

Criminal Law - Rape on False Promise of Marriage – Married Prosecutrix – Quashing of FIR – Allegation of repeated sexual intercourse on assurance of marriage – Prosecutrix admittedly a married woman with subsisting marriage and pending divorce proceedings – Promise of marriage, even if assumed, not legally enforceable due to statutory bar under Section 5(i) Hindu Marr...