Law of Limitation Must Be Applied Strictly; Mere Negligence or Inaction Cannot Justify Delay: Punjab & Haryana High Court Discharge from Service for Non-Disclosure of Criminal Case Held Arbitrary, Reinstatement Ordered: Calcutta High Court Maintenance for Children Restored from Date of Petition, Residence Order Limited to Pre-Divorce Period: Kerala High Court Shared Resources Must Be Preserved: P&H HC Validates Co-Owner's Right to Irrigation Access Position of Authority Misused by Lecturer to Exploit Student: Orissa High Court Rejects Bail to Lecturer in Sexual Assault Case Temporary Disconnection Of Water Supply Without Unlawful Or Dishonest Intent Does Not Constitute ‘Mischief’: Kerala High Court Quashed Criminal Proceedings Adult Sons' Student Loans Not a Valid Ground to Avoid Alimony: Calcutta High Court Ancestral Property Requires Proof of Unbroken Succession: Punjab & Haryana HC Rejects Coparcenary Claim Grant of Land for Public Purpose Does Not Divest Ownership Rights: Bombay High Court on Shri Ganpati Panchayat Sansthan's Reversionary Rights Punjab and Haryana High Court Rules Against Government Directive on Proving Experience of Deputy District Attorneys Orissa High Court Reduces Compensation in Motor Accident Case: Insurer’s Appeal Partly Allowed Service Law – Promotion Criteria Cannot Be Imposed Beyond Recruitment Rules: Supreme Court Access To Clean And Hygienic Toilets Is Not Just A Matter Of Convenience But A Fundamental Right Under Article 21: Supreme Court Promotions Under Merit-Cum-Seniority Quota Cannot Be Based Solely on Comparative Merit: Supreme Court Reliefs Must Be Both Available and Enforceable at the Time of Filing to Attract Order II Rule 2 Bar: Supreme Court Punjab & Haryana High Court Upholds Collector’s Appointment of Ex-Serviceman as Lambardar: Preference for Service to the State Valid Tax to Be Computed at 100% Under DTVSV Act, Rejects Inclusion of Belated Grounds in Disputed Tax: Bombay High Court Petitioner’s Father Did Not Fall Within Definition of Enemy – Kerala High Court Quashes Land Classification Under Enemy Property Act Calcutta High Court Upholds Cancellation of LPG Distributor LOI for Violating Guidelines Recording 'Reasons to Believe' is a Mandatory Safeguard, Not a Mere Formality Under PMLA: P&H High Court Illegality Is Incurable, Unauthorized Constructions Cannot Be Regularized: Bombay High Court Kerala High Court Quashes Tribunal’s Order Granting Retrospective UGC Benefits to Librarians Without Required Qualifications

"CRIMINAL LAW" Digest

National Investigation Agency Act - Bail Application - Appeal under Section 21 - Appellant not named in FIR but arrayed later - Prima facie case not established - Held, appellant entitled to bail - Clean antecedents and prolonged trial duration considered - Special Judge's decision reversed - Bail granted with conditions. [Paras 14-16]   Prima Facie Case and Statutory Restrictions -...

Territorial Jurisdiction - Challenge at Appeal Stage - Objection regarding territorial jurisdiction not taken before the Tribunal - Held, such objections cannot be raised at the appeal stage if not taken before the Tribunal - Appeal on this ground dismissed. [Paras 23-24]   Change of Address - Alleged Collusion - Appeal against award citing address change of vehicle owner as evidence of...

Criminal Law - Dacoity - Unexplained Delay in Sending Recovered Weapons for Testing - Appeals against convictions for preparation and assembly for dacoity - Unexplained delay in sending recovered weapons for testing and absence of test firing - Raises doubts about prosecution's case - Held, weapons not sealed at recovery site and parcels prepared later, casting suspicion on prosecution - Appea...

Criminal Law - Murder - Last Seen Theory - Appeal against conviction - Appellants convicted of murder based on the last seen theory, corroborative evidence from fingerprints, foot track moulds, and DNA matches - Held, last seen theory gains immense vigor when corroborated by credible witness testimony and expert reports - Conviction upheld. [Paras 10-12, 27, 31]   Identification and Cor...

Negotiable Instruments Act - Quashing of FIR - Complaint case under Section 138 NI Act - Petitioner declared proclaimed offender for non-appearance; FIR registered under Section 174-A IPC - Main dispute settled via compromise - Held, continuation of proceedings under Section 174-A IPC post-compromise is abuse of process of law - FIR and all subsequent proceedings quashed. [Para 13]   Ma...

Landlord-Tenant Law - Eviction for Bona Fide Requirement - Revision petition by tenant against eviction - Landlord sought eviction for personal use of premises for office, workshop, and training room - Held, bona fide requirement established as landlord had no other suitable premises in the urban area - Terms 'possession' and 'occupation' are distinct; mere possession does not disq...

Locus Standi - Disciplinary Proceedings - Writ of Quo Warranto - Petition by a third party challenging the order of the Chancellor of the University dropping disciplinary proceedings against a professor - Held, the petitioner, being a stranger to the disciplinary proceedings, has no locus standi to question the order - Writ of quo warranto not maintainable for challenging orders of a statutory aut...

Criminal Procedure - Alteration and Addition of Charges - Power of Court - Petition challenging the trial court's order allowing the prosecution's application for amending the charge sheet - Held, the trial court has the power to alter or add charges at any time before the judgment is pronounced, but this power should not be used to create a totally new case - Amendment of charge sheet mus...

Criminal Procedure - Regular Bail - Section 153-A IPC - Petition for regular bail under Section 439 Cr.P.C. - Accused allegedly wore a T-shirt with a picture of Jagdish Tytler and words "HAPPY BIRTHDAY TO OUR BELOVED GOD FATHER" - Held, mere wearing of such a T-shirt does not constitute an incriminating material or provocative act under Section 153-A IPC - No prima facie case made out - ...

Criminal Law - Common Object - Group Armed with Weapons - Appeals against conviction under Sections 148, 307, 307/149, 323, 323/149, 324, and 324/149 IPC - Group armed with weapons causing injuries - Medical evidence supported multiple injuries - Common object inferred from prior assembly and armed presence - Conviction upheld, but some appellants given benefit of the doubt due to lack of specific...