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 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

"CRIMINAL LAW" Digest

Criminal Proceedings Against Doctors – Summoning Order for Medical Negligence Quashed – Magistrate failed to conduct mandatory enquiry or obtain expert opinion before issuing process under Section 304A IPC [Paras 15, 21–23, 29–30]. Medical Negligence – Section 304A IPC – Preliminary Enquiry Mandatory – Summoning Order Set Aside – Magistrate issued...

Criminal Law – Bail - Sections 108, 69, 49, 56, 127(2), 115(2)  BNS - Abetment of Suicide – Requirement of Proximate Cause – Bail Granted – Petitioners accused of harassing deceased woman to convert religion for marriage – Suicide note cited as basis of charge – Court held that even repeated harassment must have a proximate connection to suicide – No ...

498-A IPC—Quashing under S. 482 CrPC—FIR lodged a month after foreign divorce and despite prior Austrian custody-return directions—allegations do not disclose ingredients of ‘cruelty’—Bhajan Lal parameter 7 attracted—FIR and HC order quashed. Quashing of FIR – Section 482 CrPC – Prima facie standard and non-mechanical approach – Though...

Theft – Conviction under Section 379 IPC – Sentence Modified – Petitioner, a woman and first-time offender, convicted of theft of a gold chain using a blade in a public hospital – Trial Court sentenced her to six months’ simple imprisonment – Conviction upheld by appellate court – In revision, High Court upheld conviction but modified sentence under Sectio...

Criminal Law – Conviction for Murder and Unlawful Assembly – Partly Allowed – Trial Court convicted both appellants under Sections 302, 149, 148 IPC and Section 27 of the Arms Act – Appellant Kamakhya Singh’s conviction for murder under Section 302 IPC upheld based on direct evidence and credible eyewitness testimony – Conviction of Binod Singh under Section 302...

Criminal Law - Sections 7 and 13(1)(d) of the Prevention of Corruption Act – Demand and Acceptance of Illegal Gratification – Proof Essential – Conviction Set Aside – Accused, then Secretary of Alagappanagar Grama Panchayat, was convicted for accepting ₹250 as bribe in trap proceedings – Complainant (PW2) turned hostile, denying demand and acceptance – Other w...

Maintenance under Section 125 Cr.P.C. – Right of Adult Children – Major Son Entitled till Majority Only – Major Daughter Not Covered – Petitioners sought enhancement of maintenance from their father – Family Court rejected claim citing their majority status – Held: As per Section 125 Cr.P.C., a child is entitled to maintenance only till majority unless physicall...

Criminal Law – Attempt to Murder and Robbery – Conviction Modified and Sentence Reduced – Appellant convicted in 2002 for stabbing complainant Raj Kumar and robbing ₹9,200/- with accomplices – Trial court imposed 7 years RI under Sections 307/34 and 392/397/34 IPC – On appeal, High Court upheld conviction under Section 307 IPC, but altered conviction from 392/397 IP...

Quashing Petition – Further investigation, Article 20(3) protection, and Section 8 PC Act – Petition dismissed – Court upholds validity of supplementary challan, rejects self-incrimination plea, and holds Section 8 PC Act applicable to private person. Criminal Procedure – Further investigation vs. reinvestigation – Sections 173(2) & 173(8) CrPC – Quashmen...

Loan Fraud – Discharge Petitions – Criminal Conspiracy and Abuse of Official Position – Discharge Rejected – Prima facie material supports framing of charges under IPC and Prevention of Corruption Act [Paras 5-7, 14-16, 21-22, 33-35]. Discharge Petition – Criminal Conspiracy – Bank Loan Fraud – Section 13(1)(d) of Prevention of Corruption Act – Di...