No "Lawyer Life" Reels, Fake Judgments Or Guaranteed Results: BCI Issues Sweeping Social Media Code For Advocates, Law Students Essence Of Sale Is Transfer Of Title; Retail Outlets Selling CNG On Commission Act As Agents, Not Buyers: Supreme Court Oil Companies Acting As Agents To Sell CNG On Behalf Of Gas Suppliers Liable For Service Tax: Supreme Court Tender Cannot Be Rejected If Authority Delays Geo-Tagging Certificate Despite Timely Application: Supreme Court Post-2013 Amendment, Courts Must Impose At Least 20 Years Minimum Sentence For Gang Rape, No Discretion To Reduce: Supreme Court Single Blow In Sudden Fight, Victim Died 54 Days Later: Supreme Court Alters Murder Conviction To Culpable Homicide Motor Insurance Covers Accidents Outside India If Vehicle Has Valid Cross-Border Permit Despite Non-Payment Of Extra Premium: Supreme Court Paper Leaks Are Direct Assault On Socio-Economic Fabric, Shatter Public Trust In Meritocracy: Orissa High Court Denies Bail In ASO Recruitment Case Allahabad High Court Orders Signature Expert Probe Into Allegedly Forged Vakalatnama, Examines 'Fraud On Court' By Advocate's Clerk Forcefully Taking Child By Showing Revolver Amounts To Confinement: Bombay High Court Upholds Search Warrant Under Section 100 BNSS Neighbors Cannot Sue Against Illegal Construction Unless Easementary Rights Are Materially Affected: Delhi High Court Person Deriving Possession From Judgment-Debtor Not A "Third Party" Or "Stranger To Decree": Punjab & Haryana High Court Mother Cannot Claim Maintenance From Stepson If Court Has Already Directed Real Son To Maintain Her: Allahabad High Court No Offence Under Sales Tax Act If Refund Order Was Never Actually Sanctioned Or Issued: Gujarat High Court Acquits Tax Officers Better To Seek Expert Opinion Than Court Comparing Signatures With Naked Eye; Document Challenging Oral Gift Not Irrelevant: Kerala High Court Private WhatsApp Chats On Drug Use Admissible In Child Custody Case Despite Privacy Objections: Madras High Court Trial Court Cannot Reject Plaint Under Order 7 Rule 11 CPC Without First Deciding Pending Amendment Application: Madhya Pradesh HC Pre-Emption Right Decreed By Trial Court Cannot Be Defeated By Subsequent Legislation Unless Made Expressly Retrospective: Punjab & Haryana HC High Court Cannot Reappreciate Evidence Under Article 227 To Interfere With Concurrent Findings On Temporary Injunction: Telangana HC

"CRIMINAL LAW" Digest

Criminal Law – Abetment of Suicide – Quashing of FIR – Scope of Section 482 CrPC – Applicants sought quashing of FIR registered under Section 306 read with Section 34 IPC alleging that mere utterance of insulting words does not amount to “abetment” – Court examined statutory scheme under Sections 306, 107 and 108 IPC and settled principles governing &ldquo...

Criminal Law - Quashing – Proclaimed Offender – Compliance with Section 82 CrPC Mandatory – Petitioner declared proclaimed offender under Section 82 CrPC despite offences being bailable and co-accused having been released on probation – Held: Trial Court failed to comply with the mandatory procedure under Section 82(1) CrPC including absence of 30-day notice, failure to rec...

Criminal Law - Excise Offences – Illegal Possession and Transport of Liquor – Acquittal – Appellant convicted for transporting illicit liquor containing ethyl alcohol unfit for human consumption – Trial Court convicted under Sections 32 and 34 of Karnataka Excise Act – High Court finds prosecution failed to comply with mandatory provisions of Sections 53 and 54 of the...

Railways Act – Offence under Section 143(1)(b) – Illegal Sale of Railway Tickets – Conviction Upheld – Petitioner apprehended by RPF while in possession of two Tatkal tickets not in his name – Unable to offer explanation for possession – Witness testimony of RPF officials and PRS clerk corroborated seizure and conduct – Trial and appellate court upheld con...

Criminal Law – Rape/Aggravated Sexual Assault – Section 376 IPC, Section 4/6 POCSO Act – Conviction Sustained in Part – The victim's initial statement (fard beyan) implicated only Bijali Yadav for penetrative sexual assault, while her subsequent Section 164 Cr.P.C. statement implicated all three appellants for gang penetrative sexual assault – The Court found the ...

Narcotic Drugs and Psychotropic Substances Act, 1985 – Bail – Section 37 NDPS Act – Prolonged Incarceration – Article 21 Constitution of India – Bail application rejected where commercial quantity of Heroin and Charas were recovered from a vehicle linked to the applicant, and bank transactions indicated involvement in drug trafficking – Applicant sought bail cit...

Civil Law - Civil Procedure Code – Order VII Rule 11(d) – Rejection of Plaint – Limitation – Suit for cancellation of sale deed – The plaintiff/respondent No. 1 filed a civil suit in 2021 seeking declaration and permanent injunction to set aside a sale deed dated 18.06.2008, alleging it was based on a forged Power of Attorney – The plaintiff admitted knowledge o...

Criminal Law – Juvenility – First-time claim before Supreme Court – Appellant No. 2, Ganesh Yadav, underwent ossification test which estimated his age as 19 years at the time of offence – Relying on precedent in Jaya Mala v. Home Secretary, court allowed a margin of error of 2 years – Held: Ganesh Yadav was 17 years old at the time of the offence and entitled to benef...

Criminal Law – Dowry Death – Acquittal Reversed – Reinstatement of Conviction – Young bride burned to death within a year of marriage due to repeated dowry demands for TV, motorcycle, and ₹15,000 – Trial Court convicted husband (Ajmal) and mother-in-law (Jamila) under Sections 304-B, 498-A IPC and Sections 3/4 of the Dowry Prohibition Act – High Court acquitte...

Criminal Law – Criminal Revision – Abatement – Substitution – On death of informant who had filed a criminal revision against partial discharge of accused, High Court held revision abated and denied substitution of the informant’s son – Held: No provision in Cr.P.C. for abatement of criminal revisions unlike appeals – Once revision is entertained, court ma...