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

Civil Revision – Transfer of Suits – Section 24 CPC – Transfer Allowed – Applicants sought transfer of defamation suits from Ponda, Goa, to Maharashtra citing threat to life and fair trial concerns – Court held: Bombay High Court, being common High Court for Maharashtra and Goa under Article 231, has jurisdiction to entertain inter-State transfer under Section 24 CPC ...

NDPS Act – Bail – Sections 8, 21, 29 NDPS Act - Commercial Quantity – Procedural Lapses – Bail Granted – Petitioner arrested on 21.04.2023 for alleged possession of 50 bottles of Myberry (Codeine Phosphate) – Co-accused arrested based on petitioner's disclosure – Final report filed on 17.07.2023 – Trial delayed with less than half of 21 witnesses...

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 ...

Criminal Law - FEMA – Summons – Section 37 FEMA – Applicability of Section 160 CrPC – Petitioner, a woman, challenged personal summons under Section 37 FEMA, citing protection under Section 160(1) CrPC exempting women from appearing outside their residence – Held: Section 160 CrPC not applicable to proceedings under Section 37 FEMA, which are civil-regulatory in natur...

Criminal Procedure Code, 1973 – Section 102 – Prevention of Corruption Act, 1988 – Section 18A – Freezing of Bank Accounts – Mutually Exclusive Powers – The High Court held that freezing of accounts for PC Act offences can only be done via the attachment procedure in Section 18A (applying Ordinance of 1944) and not Section 102 CrPC – Held: The powers under...

Criminal Law - Contempt of Courts Act, 1971 – Section 12 – Apology – Power to Remit Sentence – Appellant issued a circular criticizing the judiciary ("Dog mafia", "Judges don't want to see") regarding stray dog orders – High Court convicted her for criminal contempt and rejected her unconditional apology as perfunctory – Held: The power t...

Criminal Law – Murder, Extortion, Conspiracy – Section 302, 120-B IPC & Arms Act – Partial Relief – Trial Court convicted Pradeep (A1) for murder, conspiracy, extortion and Arms Act offences, and Divya (A2) for conspiracy and destruction of evidence – On appeal, Court upheld conviction of Pradeep based on ransom calls, eyewitness account, and ballistic evidence &n...

NDPS Act – Bail – Commercial Quantity – Section 37 – Mandatory Twin Conditions Ignored – Bail Orders Cancelled – Accused persons Akash, Shilpa, and Seema were granted bail by the trial court despite seizure of 472.55 grams of heroin in a single raid forming a continuous transaction – Trial court failed to apply or even mention Section 37 NDPS Act – H...

Criminal Law – Kidnapping and Rape – Conviction Set Aside – Accused convicted for offences under Sections 366A and 376 IPC for allegedly enticing and raping a 16-year-old girl – Victim voluntarily accompanied accused to Kanchipuram on pretext of marriage – No evidence of inducement or threat – Medical reports confirmed absence of physical injuries or recent inte...

Anticipatory Bail – SC/ST (POA) Act – Appeal under Section 14A(2) – Alleged offences under SC/ST (Prevention of Atrocities) Act and BNS 2023 – FIR lodged by complainant alleging caste-based abuse and assault in public view – Appellant contended complaint was result of personal financial dispute and delay in lodging complaint unexplained – FIR filed nearly 2 year...