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

PIL- Police Misconduct – Misbehaviour with Lawyers – Incident of SHO manhandling a practicing advocate inside police station in presence of his wife, also an advocate – Victim was a prosecutrix in a rape case – Video of incident taken on record – Court holds incident as serious breach of conduct and dignity of legal profession – Commissioner of Police appears in...

Criminal Law – Rape of Minor – Conviction Upheld – Appellant convicted under Section 376 IPC for raping a 14-year-old girl in her bathroom during early hours of the morning – Testimony of prosecutrix consistent and corroborated by medical and forensic evidence – Birth records and witness statements proved she was below 16 years – Held: Conviction sustainable as ...

Anticipatory Bail – Sexual Offences Against Minor – Repeated Assault and Blackmail – Custodial Interrogation Required – Application Rejected – FIR alleged repeated sexual assault of a minor girl between 2023–2025, facilitated by threats using secretly recorded videos and conspiracy with a co-accused – FIR supported by CDR data, municipal records, and victi...

Criminal Law – Murder – Eyewitness Testimony – Acquittal Upheld – Sole eyewitness was the mother of deceased who claimed to have witnessed the incident from close proximity – Trial Court disbelieved her version due to inconsistencies, absence of prompt statement, and lack of corroboration – High Court found no illegality or perversity in Trial Court’s reas...

Criminal Law – Maintainability of Second Application under Section 482 CrPC – Earlier application challenging summoning order and entire proceedings was withdrawn to pursue remedy of discharge – Trial Court dismissed discharge application as not maintainable in complaint case – Held: Second application maintainable due to change in circumstances – First application no...

Criminal Law – Sentence Reduction – Compromise – Appellants convicted under Section 326 IPC and Section 3(1) of the TNPPDL Act for assault and property damage – Sentenced to five years and two years respectively (to run concurrently) – High Court affirmed conviction and sentence – In appeal before Supreme Court, compromise entered between parties – Appella...

Criminal Law – Rape of Minor – Sentence Modification – Appellant convicted under Section 376(3) IPC and Section 6 POCSO Act for sexual assault on a minor girl aged 15–16 years – Sentenced to life imprisonment till natural death by Trial Court – Conviction upheld by High Court – Supreme Court, while upholding conviction, modified sentence to 25 years of act...

Criminal Law – Murder Trial – Benefit of Doubt – Appellants convicted for murder based on statements of informant (PW-3) and deceased’s sisters (PW-1 and PW-2) alleging oral dying declaration – First information report dated 12 May 1990 (Fardbeyan) did not name the accused – Informant later filed embellished report naming appellants due to previous enmity over l...

Bail – Gangster Act – Second Bail Application – Rejection for Lack of New Grounds – Applicant sought bail under Section 2/3 of the Gangster Act after rejection of earlier application – Criminal history of 11 cases spanning from 2013 to 2023 including prior Gangster Act charges – No new grounds urged beyond continued incarceration and parity with co-accused &ndas...

Juvenile Justice – Habeas Corpus – Illegal Detention – Petitioner No. 1, arrested for murder under Section 302 IPC, was in judicial custody since 2017 – During trial in 2024, he raised a claim of juvenility and produced a scholar register showing his date of birth as 13.12.2002 – The trial court failed to determine his age as required under Section 9(2) of JJ Act and ...