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

Anticipatory Bail – Scope of Section 482 BNSS – Petitioners accused of wrongful restraint, criminal intimidation and causing grievous hurt resulting in fracture – Prosecution alleged assault with iron rod in furtherance of common intention – Defence contended false implication due to political influence and counter-assault on petitioners supported by medical records –...

Negotiable Instruments Act, 1881 - Section 138 - Legally Enforceable Debt - Violation of Income Tax Act, 1961 - Section 269SS - Cash Transaction exceeding Rs. 20,000 - Effect on enforceability of debt - Presumption under Section 139 NI Act - Breach of Section 269SS does not render transaction unenforceable or rebut presumptions under NI Act - Penal provision only. Negotiable Instruments Act, 18...

Criminal Law – Dowry Death – Section 304B IPC – Acquittal – Accused convicted under Sections 304B and 498A IPC by Trial Court – Conviction upheld by High Court – Deceased wife and infant child found dead in well – Alleged demand for gold ring and chain at ‘Chhoochhak’ ceremony held as insufficient to constitute a "dowry demand" under ...

Factual Background – Complaints were made by the petitioner under Sections 498A and 406 IPC against her husband and in-laws, alleging severe demands for dowry and subsequent physical and mental cruelty after her marriage in 1998 – The FIR was filed in December 2002 and charge-sheet filed in July 2004 – Magistrate took cognizance on the same day the charge-sheet was filed [Paras 2...

Criminal Law – Quashing of FIR - Prevention of Corruption Act, 1988 – Section 13(1)(d) – Allegation of Criminal Misconduct – Revenue officials alleged to have illegally compounded offences by collecting lesser amounts – Held: In absence of a prescribed minimum compounding fee during the relevant period, levy of a lesser amount by itself does not constitute criminal mi...

Criminal Law – Murder Trial – Conviction Reversed – Appellants convicted under Section 302/34 IPC for alleged murder of deceased by slitting his throat with an axe – FIR lodged by wife of deceased stated that she found husband lying dead in the night and named appellants on suspicion – During trial, witnesses claimed to be eyewitnesses and attributed motive – He...

Criminal Law – Bail – Section 436-A CrPC – Applicability to Heinous Offences – High Court granted bail relying on Section 436-A – Held: Section 436-A explicitly excludes offences for which the punishment of death has been specified – The accused are charged under Section 302 IPC and Section 16 UAPA, which carry the death penalty – High Court erred in apply...

Criminal Law – Section 8(c), 20(b)(ii)(C), 25, 29(1), 50, 52-A, 57 NDPS Act – Independent Witnesses – Non-examination – Held: Absence of independent witnesses is not fatal to the prosecution if the testimony of official witnesses is consistent and credible – In the present case, official witnesses deposed in unison that no independent persons were available at the tim...

Code of Civil Procedure, 1908 - Section 24 - Transfer Application - Maintainability of Second Transfer Application - High Court cannot entertain a second transfer application under Section 24 CPC on the same facts if a similar application was dismissed by the District Judge, without challenging the District Judge's order.   Code of Civil Procedure, 1908 - Section 24 - The applicant ...

Maintenance – Section 125 Cr.P.C. – Interim Maintenance – Assessment of Income – Dependents – Voluntary Financial Obligations – Professional Qualification of Wife – Modification of Quantum. Matrimonial Law – Interim Maintenance – Quantum Assessment – Deductions and Dependents – The petitioner-husband challenged the Family Court&#...