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 Proclaimed Offender Not Entitled To Anticipatory Bail, Especially When Evading Investigation: Allahabad High 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

of Parents – Gift Deed – Implied condition of care – Failure to provide basic amenities – Tribunal can infer condition from conduct and circumstances – Cancellation of gift deed upheld under Section 23, Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Writ interference declined. Maintenance and Welfare of Parents and Senior Citizens Act, 200...

Criminal Writ - Habeas Corpus – Illegal Arrest – Non-communication of Grounds of Arrest – Violation of Article 22(1) of the Constitution – Arrest Memo Defective – Petitioner No.1 arrested and remanded to judicial custody in Case Crime No. 750 of 2025 under Sections 317(2) and 317(4) BNS – Habeas corpus petition filed alleging arrest without disclosure and furnis...

Criminal Law - Forgery of Will – Pendency of probate proceedings no bar to criminal prosecution – Magistrate justified in directing FIR under Section 156(3) CrPC – Quashing at threshold declined – Investigation to proceed. Criminal Law – Forgery of Will – Parallel Probate Proceedings – Maintainability of FIR – Registered Will dated 29.04.2011 chal...

Criminal Law – Quashing under Section 482 Cr.P.C. – Abuse of Process of Court – Petition filed seeking quashing of sanction order, FIR and charge-sheet arising out of mutation dispute relating to immovable property – Allegations against petitioner confined to passing an order staying mutation proceedings pending title suit – Held: Criminal prosecution based solely on ...

Section 125 Cr.P.C. – Maintenance denied – Wife gainfully employed and financially secure – Concealment of income and assets – Abuse of process – Family Court order upheld.   Maintenance – Section 125 Cr.P.C. – Wife’s Independent Income – Entitlement – Maintenance under Section 125 Cr.P.C. is payable only when wife is unable to...

Rape and Murder of Five-Year-Old Child – Brutal Sexual Assault using Knife – DNA and Circumstantial Evidence Complete – Conviction under BNS and POCSO Affirmed – Case falling in “Rarest of Rare” – Death Sentence Confirmed. Criminal Law – Rape and Murder of Minor Child – Brutal Sexual Assault – Conviction Affirmed – Deceased girl ...

Negotiable Instruments Act – Dishonour of Cheque – Section 138 – Reversal of Acquittal – Trial Court acquitted accused on ground that complainant failed to prove financial capacity to advance loan of ₹10,00,000 – Lower appellate Court reversed acquittal and convicted accused – Held: Once issuance of cheque and signature are admitted, statutory presumptions und...

Criminal Trial – Alteration of Charge – Right to Fair Trial – Section 217 CrPC – Trial Court initially framed charges under Sections 498A and 304 IPC – After closure of prosecution evidence, charges altered to Sections 498A/34 and 304B/34 IPC – No opportunity granted to accused to recall or further cross-examine prosecution witnesses with reference to amended ch...

Criminal Law – Quashing of FIR – Compromise Between Parties – Neighbourhood Dispute – FIR registered for offences under Sections 191(2), 115(2), 352, 351(3), 324(4) BNS, 2023 arising out of a minor altercation between neighbours – During investigation, parties entered into an amicable settlement – Accused approached High Court under Section 482 Cr.P.C. seeking q...

Criminal Law - Preventive Detention – Detenue Already in Judicial Custody – Governing Principles – A person already in custody may be preventively detained only if three conditions are satisfied: (i) awareness of custody, (ii) cogent material showing real likelihood of release on bail in near future, and (iii) likelihood of indulging in prejudicial activities upon release –...