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An order extending the NDPS investigation under Sec 36-A(4) was struck down for breaching the accused’s right to notice and a hearing, restoring their entitlement to default bail. The ruling underscores that procedural safeguards cannot be bypassed even in narcotics cases, affecting all persons facing NDPS prosecutions.
The Punjab & Haryana High Court ruled that an acquittal cannot be set aside on the basis of a new investigation report, reaffirming the double-jeopardy protection of Section 300 CrPC and limiting the court’s inherent jurisdiction under Section 482. This safeguards accused persons from being retried after a lawful acquittal.
Police must serve a written statement of arrest grounds under Article 22(1) and BNSS §§47-48-62, otherwise the detention is unlawful and the accused is entitled to bail. The ruling strengthens procedural safeguards for every arrested individual, including former legislators such as Bikram Panda.
The Punjab and Haryana High Court held that a Section 27 statement is admissible only if it directly leads to the discovery of a new fact and is clearly linked to that fact. Applying this, the court excluded such statements in a murder-rape case, quashing death sentences and acquitting the accused, thereby tightening evidentiary standards.
Gujarat High Court ruled that an insurer cannot be compelled to pay interest on workmen's compensation when the employer-liability policy expressly excludes such liability. The decision overturns the Labour Court's interest award, reinforcing the primacy of policy terms. Employers and insurers must review policy wording to avoid unexpected interest obligations.
The Jharkhand HC said an insurer must prove any licence breach under Section 149 of the Motor Vehicles Act. It raised the claim award to Rs 16.22 million with 6 % interest, stressing the duty to pay just compensation.
By holding that the limitation clock starts when the original electricity bill is issued, the Punjab & Haryana High Court ruled that a later supplementary demand arising from short-billing remains enforceable despite the two-year bar in Sec 56(2). This protects utilities from indefinite liability and informs consumers that corrected arrears can be billed even years after the initial invoice.
The Punjab & Haryana High Court ruled that a borrower's default on a loan pledged during bail proceedings does not, by itself, warrant revocation of pre-arrest bail under Section 483(2) of the BNSS. This clarifies that financial defaults cannot be used as a standalone ground to cancel anticipatory bail, protecting accused persons from bail loss over civil debt issues.
A three-year lapse and the use of detention to sidestep a Supreme Court bail order breach Article 21, prompting the High Court to set aside the preventive detention. The decision bars authorities from relying on stale evidence to prolong detention, safeguarding accused persons under the PITNDPS Act.
The Himachal High Court ruled that a written statement cannot be amended after the trial starts unless the party shows prior due-diligence, upholding the trial court’s refusal. The decision limits the court’s supervisory jurisdiction under Article 227, warning litigants that pleadings must be finalised before trial.
Chhattisgarh HC ruled that an unauthorised company secretary cannot testify in a Section 138 case and a complaint filed via power of attorney is void if the authorised representative fails to appear. The judgment stresses that firms must secure proper corporate authorisation before filing cheque-bounce suits, affecting companies and their legal officers.
The Gujarat High Court ruled that a co-owner of a joint account cannot be charged under Section 138 NI Act unless their signature appears on the cheque, limiting liability to the actual drawer. This safeguards joint account holders from criminal prosecution for cheques they did not sign.
The Bombay High Court quashed municipal notices to acquire part of a privately owned factory for road widening. It ruled that Sections 297 and 299 of the Mumbai Municipal Corporation Act apply only to existing public streets, so they cannot be used to take private land that is not a street, protecting owners from unlawful acquisition.
The Allahabad High Court quashed a private defamation suit under Section 500 IPC, holding that complaints against public servants acting in official capacity are barred by Section 199(2) CrPC and the fifth exception to Section 499 IPC. This shields officials from civil liability for statements made while performing their duties, limiting private plaintiffs’ recourse.
The Jammu & Kashmir High Court set aside FIR 252/2021, ruling that the rent disagreement between Vision Public School trustees was a civil matter lacking the fraudulent intent essential for a Section 420 offence, thereby barring criminal prosecution and curbing abuse of process. This safeguards parties in commercial lease disputes from unwarranted criminal charges.