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 - Narcotics - Narcotic Drugs and Psychotropic Substance Act 1985 - Section 20(b)(ii)(C) - Possession of commercial quantity - Appellant convicted for possession of seven kilograms of Charas and sentenced to fifteen years rigorous imprisonment - Intercepted by Narcotic Cell on Diamond Harbour Road - Search conducted in presence of Gazetted Officer PW-3 - Seven kilograms of Charas recov...

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 - Cheque Dishonour - NI Act 1881 - Section 138 - IPC 1860 - Section 65 - BNSS 2023 - Section 528 - Reduction of default sentence - Petitioner convicted in three separate cases arising from a single loan agreement and solitary statutory demand notice - Trial Court imposed substantive sentence and three months default imprisonment for non-payment of fine in each case - Petitioner remain...

Criminal Law - Regular Bail - Bharatiya Nagarik Suraksha Sanhita 2023 - Sections 480 and 483 - Grant of bail amid substantial delay in FIR - Petitioner/Accused No. 1 sought bail in a crime involving abduction for murder and extortion - Prosecution alleged that in December 2023 the petitioner and his associates abducted the complainant and assaulted him at the petitioner's house - FIR was lodge...

Criminal Law - Bail - Narcotic Drugs and Psychotropic Substances Act 1985 - Sections 8(C) 18 and 29 - Appellant was arrested on 19th May 2020 for allegedly supplying 31 kg of opium and providing information leading to the recovery of 60 kg of opium hidden in a truck - High Court dismissed the second bail application on 4th February 2026 - Supreme Court observed that despite six years of pre-trial ...

Criminal Law - Murder - Indian Penal Code 1860 - Sections 302 and 34 - Appellants Premnarayan and Parmanand were convicted for the murder of Jamuna Prasad Patel - Prosecution case rested on the last seen theory and recovery of a 6-7 kg stone at the instance of accused - High Court found that the medical officer PW-16 did not provide a clear finding on whether the death was homicidal or accidental ...

Criminal Law - Discharge - Indian Penal Code 1860 - Sections 406 420 465 468 and 471 - Petitioner who was the second accused challenged the order of the Magistrate dismissing his discharge petition - The prosecution arose from a complaint alleging that the Petitioner was entrusted with a lorry and three lakh rupees but later conspired to transfer the vehicle ownership to the first accused using fo...

Criminal Law - Quashing of FIR - Code of Criminal Procedure 1973 - Section 482 - Advocate implicated in serious criminal offences including attempt to murder and conspiracy - Allegations in FIR divided into three parts including a threat issued at District Court premises at 10:00 AM - Applicant raised plea of alibi and requested collection of CCTV footage - High Court observed that CCTV footage co...

Criminal Law - Interim Maintenance - Protection of Women from Domestic Violence Act 2005 - Section 12 - Professional qualification of spouse - Petitioner-husband challenged the order of the 2nd Additional Sessions Judge, Cuttack, which modified the SDJM's order - Trial Court had granted Rs. 8,000/- per month to the son but refused maintenance to the wife on the ground that she was a practicing...

Writ Law - Confiscation of vehicle - Indian Forest Act 1927 - Sections 61-A and 61-D - Petitioner challenged judgment of Additional Sessions Judge Baramati affirming confiscation of Tata 909 vehicle used for transporting 60 bags of charcoal without a valid permit - Forest officials intercepted the vehicle and the driver fled - Authorized Officer initiated proceedings under Section 61-A and ordered...