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 - Culpable Homicide - Indian Penal Code 1860 - Section 304 Part II and Section 34 - Incident occurred in 1997 involving an altercation over a defective watch sold by the deceased to one of the accused - Scuffle ensued near the edge of a dry canal with a rocky bed - Accused allegedly pushed the deceased into the canal - Prosecution witnesses claimed the appellant struck the deceased wi...

Criminal Law - Bail - Bharatiya Nagarik Suraksha Sanhita (BNSS) - Section 483 - Sections 61, 111, 318(4) and 351(2) Bharatiya Nyaya Sanhita (BNS) - Organized Crime - Petitioner sought bail in FIR No. 126/2025 involving cheating of Rs. 55.80 lakhs through a criminal syndicate regarding sale of wild garlic - Investigating agency invoked Section 111 BNS alleging continued unlawful activity - Petition...

Criminal Law - Bribery and Abetment - Prevention of Corruption Act 1988 - Sections 7, 12, 13(1)(d) and 13(2) - Allegation that A-1 demanded bribe to process transport bills and A-2 received the amount on A-1 instructions - Trial Court convicted A-1 for bribe demand and A-2 for abetment - High Court re-examined evidence regarding the timing of FIR registration and the defense version of payment - T...

Writ Law - Preventive Detention - PITNDPS Act 1988 - Section 3 - Delay in execution of detention order - Challenge to detention order dated 20 March 2025 on ground of three-month delay as order was executed only on 25 June 2025 - Detenue was in judicial custody at Dum Dum Correctional Home during the intervening period - Petitioner relied on Sushanta Kumar Banik case to argue that unexplained dela...

Criminal Law - Murder for gain - Indian Penal Code 1860 - Sections 449 - 380 - 302 - Appellant being the brother-in-law of the deceased - Trespassed into the first floor of the house while the deceased was alone - Brutally stabbed her to death - Removed 23.5 sovereigns of gold jewelry - mobile phone - cash - and an ATM card - Prosecution relied on circumstantial evidence including witnesses who sa...

Criminal Law - Dishonour of Cheque - Negotiable Instruments Act 1881 - Section 142 - Maintainability of complaint - Applicant challenged conviction on the ground that the complaint was filed by a partner of a firm without a specific authorization letter or resolution - High Court observed that the complaint was filed in the name of the firm through its partner - License issued under the relevant f...

Criminal Law - Taking Cognizance - Code of Criminal Procedure 1973 - Sections 190 and 204 - Application of mind - Order taking cognizance for offences involving land record forgery - Tahsildar registered complaint alleging manipulation of pahanis and registers between 1972 and 2000 by a Second Division Assistant - Multiple private individuals and public servants subsequently arrayed as accused bas...

Criminal Law - Murder - Indian Penal Code 1860 - Section 302 - Code of Criminal Procedure 1973 - Section 235(2) - Conviction of mother-in-law for murder of daughter-in-law by burning - Prosecution case established that appellant demanded money for releasing mortgaged ornaments and set deceased ablaze upon refusal - Victim suffered 77 percent burn injuries and died after four days - Trial Court con...

Criminal Law - Quashment of Charge Sheet - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 528 - Prevention of Corruption Act 1988 - Sections 13(1)(c) and 13(2) - Indian Penal Code 1860 - Sections 120-B 167 409 and 420 - Petitioner serving as Deputy Block Development Officer challenged criminal proceedings arraying him as A1 for allegedly facilitating wrongful disbursement of housing funds to in...

Criminal Law - Default Bail - NDPS Act 1985 - Section 36A(4) - Extension of remand period - Petitioners/Accused Nos 3 and 4 challenged Trial Court order extending remand beyond 180 days in Crime No 264 of 2025 of Kasimkota Police Station - High Court noted that extension requires a specific report by the Public Prosecutor indicating independent application of mind and assessment of investigation p...