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 – Road Accident – Identification of Vehicle – Conviction under MV Act Partly Restored – Trial Court acquitted the accused for want of clarity on vehicle identification and ownership – Appellate Court reversed the acquittal under Sections 134(a) & (b) r/w 187 of MV Act based on corroborative circumstantial evidence including repair records, expert opin...

Custodial Violence – Suo Motu PIL on letter alleging illegal arrest and torture – Prima facie inference of custodial beating supported by contemporaneous complaints, photographs and Magistrate’s injury observations – State directed to pay interim compensation of Rs.1,50,000 with recovery from erring officials – Inquiry ordered against medical officer issuing “fi...

Negotiable Instruments Act – Dishonour of Cheque – “Account Blocked” – Cheques issued by petitioners after Corporate Insolvency Resolution Process (CIRP) had commenced and company accounts taken over by IRP – Cheques returned with remark “ACCOUNT BLOCKED” – Held: Dishonour due to account block caused by statutory moratorium under IBC does not a...

Criminal Law – Murder – Conviction set aside – Prosecution case resting mainly on testimony of related eyewitness (mother of deceased) suffering from material contradictions – Non-examination of material witness (granddaughter who allegedly informed informant) – Independent witnesses turned hostile – Medical evidence not conclusively corroborating ocular version...

Criminal Law – Rape and Murder – Circumstantial Evidence – DNA Match – Conviction Confirmed – Deceased last seen in same vicinity as accused – Witnesses (PWs 4, 5, 6) corroborated presence and suspicious behaviour of accused – Blood-stained clothes, victim’s shrieks, and disappearance of accused from village strengthened prosecution’s chain &nd...

Criminal Law – Kidnapping for Ransom – Identification – Conviction set aside – Accused-appellants convicted under Sections 364A and 120B IPC for alleged abduction of victim Anwar Khan and demand of ransom – Trial court sentenced all appellants to life imprisonment – On appeal, High Court found that prosecution failed to prove the charge beyond reasonable doubt &...

Section 138 of the Negotiable Instruments – Dishonour of Cheque – Legally Enforceable Debt – Acquittal Upheld – Appellant finance company alleged that accused (wife of chitty subscriber) issued cheque as guarantor for defaulted instalments – Trial court convicted – Sessions Court reversed, holding that complainant failed to prove existence of enforceable liabili...

Criminal Law – Sections 279, 338, 304A  IPC - Motor Vehicle Accident – Acquittal – State appealed against the acquittal of respondent who was accused of causing death of two persons and injury to another due to rash and negligent driving – Prosecution alleged that respondent was driving an uninsured motorcycle that first collided with the injured’s motorcycle and...

Criminal Law – Revision – Interlocutory vs Intermediate Orders – Petitioner sought direction for registration of FIR alleging conspiracy and murder of son – Magistrate rejected application under Section 156(3) CrPC holding that court itself could inquire into complaint – Revisional Court dismissed revision on ground that order was interlocutory – Held: Order rej...

Criminal Law – Circumstantial Evidence – Murder – Chain of Circumstances Incomplete – Acquittal – Appellants convicted for abduction and murder of diamond delivery boy for stealing diamonds – Case based entirely on circumstantial evidence – Prosecution relied on “last seen together”, CCTV footage, mobile call data, and recovery of diamonds &nda...