Medical Evidence Contradicting Ocular Timeline Of Assault Renders Prosecution Case Doubtful: Supreme Court Acquits In Murder Case Delayed FIR Transmission To Magistrate Coupled With Unnatural Conduct Of Witnesses Creates Doubt Of 'Post-Investigation' Fabrication: Supreme Court Acquits Murder Accused Right To Apply For Probate Is A Continuous Right; Limitation Commences From Hostile Act, Not Testator's Death: Supreme Court Appellate Courts Should Be 'Friend, Philosopher & Guide' To Subordinate Judiciary; Avoid Disparaging Remarks Against Trial Judges: Supreme Court First Appellate Court Cannot Overturn Trial Court Findings Without Recording Reasoned Evaluation Of Evidence: Supreme Court Failure To Send Recovered Weapon For FSL Examination & Verify Workability Fatal To Conviction Under Section 25 Arms Act: Allahabad High Court Registration Of FIR Against Doctor Following His Writ Petition Against Police Harassment Suggests 'Counter-Blast': Andhra Pradesh High Court Grants Pre-Arrest Bail Senior Citizen’s Financial Status Irrelevant For Declaring Gift Deed Void Under Maintenance Act If Transferee Fails To Provide Basic Amenities: Bombay High Court Magistrate Has No Power To Direct 'Re-Investigation' After Filing Of Police Report, Can Only Order 'Further Investigation': Calcutta High Court Specific Performance Can Be Denied If Buyer’s Misuse Of Property Prevents Seller From Fulfilling Statutory Obligations: Delhi High Court Magistrate Exercising Power Under Section 14 SARFAESI Act Performs Ministerial Act, Cannot Adjudicate On NPA Classification Merits: Gujarat High Court Drugs & Cosmetics Act | Prosecution For 'Not Of Standard Quality' Drugs Must Be Filed Before Expiry Of Shelf Life To Protect Accused's Right To Re-Analysis: Himachal Pradesh High Court Trial Court Cannot Reject Plaint Under Order 7 Rule 11 Without Deciding Pending Amendment Application: Madhya Pradesh High Court Acts Intended To Outrage Modesty Don't Amount To Attempted Rape Without Overt Act Unequivocally Constituting Rape: Patna High Court Acquits Man Admission Of Signatures On Agreement To Sell Shifts Burden To Defendant To Disprove Receipt Of Earnest Money: Punjab & Haryana HC Section 138 NI Act | Director Seeking Quashing On Plea Of Resignation Must Furnish 'Sterling Incontrovertible' Evidence: Punjab & Haryana HC

"CRIMINAL LAW" Digest

Criminal Law - Pre-arrest Bail - Bharatiya Nagarik Suraksha Sanhitha 2023 - Section 528 - Maintainability and Grant - Petitioner a resident doctor and final year D.M. Nephrology student sought bail in FIR involving BNS and BUDS Act offences - Petitioner asserted being a victim of cheating by Accused No. 2 for an amount of Rs. 1.06 Crores and had previously filed a complaint resulting in FIR No. 25...

Writ Law - Maintenance and Welfare of Senior Citizens - Maintenance and Welfare of Parents and Senior Citizens Act 2007 - Section 23 - Cancellation of Gift Deed - Petitioner-son challenged Tribunal order declaring Gift Deed of Yashashree flat void - Respondent parents purchased flat in 2005 and gifted it to petitioner in 2023 on express promise of care and maintenance - Deterioration of relations ...

Criminal Law - Murder - Indian Penal Code 1860 - Sections 147, 148, 149 and 302 - Accused convicted for the murder of a victim by ambush using sharp and blunt weapons - Prosecution case rested primarily on eye-witness testimony - Supreme Court identified several infirmities including the dead body lying at the scene all night without police protection despite prompt reporting - Significant delay i...

Criminal Law - Murder and Robbery - Indian Penal Code 1860 - Sections 302, 34, 394 and 411 - Appellant Dharmendra Singh and co-accused Charan Singh were tried for the murder and robbery of a businessman who had collected Rs. 1,25,000 from local traders - Prosecution case established that Sher Singh (deceased) shot the victim while Dharmendra Singh snatched the suitcase and was caught red-handed by...

Criminal Law - Attempt to Rape - Indian Penal Code 1860 - Sections 376 read with 511 and 342 - Appellant convicted for attempting to rape a woman in his photography studio - Prosecution alleged the appellant locked the informant inside-stripped himself-untied her salwar-and molested her while her father was made to wait outside - Trial Court awarded three years rigorous imprisonment - High Court o...

Criminal Law - Drugs and Cosmetics - Drugs and Cosmetics Act 1940 - Sections 18(a)(i) 27(d) and 34 - Drugs and Cosmetics Rules 1945 - Rule 45 - Code of Criminal Procedure 1973 - Section 482 - Petitioners sought quashing of criminal complaints regarding drugs found Not of Standard Quality - Samples of Propin 40 and Injection Dexamethasone Sodium Phosphate drawn in June and July 2017 - Analyst repor...

Criminal Law - Criminal Contempt - Contempt of Courts Act 1971 - Section 2(c) - Scandalising the Court - Interference with administration of justice - A large group of individuals unlawfully assembled at Kiran Sankar Roy Road and blocked the entrance to the building housing advocates chambers - Protesters wrongfully restrained advocates and litigants while shouting abusive and provocative slogans ...

Criminal Law - Territorial Jurisdiction - Negotiable Instruments Act 1881 - Section 138 - Appellant filed complaints under Section 138 NI Act at Bhilwara where he maintains a bank account at Kotak Mahindra Bank - High Court of Rajasthan at Jodhpur transferred these complaints to Ajmer because a charge sheet was filed against the appellant in Ajmer under Sections 403 and 417 IPC involving the same ...

Criminal Law - Transfer of Proceedings - Prevention of Money Laundering Act 2002 - Section 44 - Petitioner promoter of Krrish Realtech Pvt Ltd was accused of cheating homebuyers and siphoning funds - Prosecution complaint filed before Special Judge PMLA Gurugram as proceeds of crime were derived from a project situated there - Petitioner restricted prayer to transfer of PMLA case to Delhi - Schedu...

Criminal Law - Murder - Indian Penal Code 1860 - Sections 302 201 and 34 - Appellants convicted for the murder of Additional District and Sessions Judge Uttam Anand by ramming a stolen auto-rickshaw into him while he was on a morning walk - Special Judge CBI Dhanbad sentenced appellants to rigorous imprisonment for life without remission until last breath - Appellants challenged conviction on grou...