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 - Victim Compensation - Protection of Children from Sexual Offences Act 2012 - Section 33(8) - Rule 9 of POCSO Rules 2020 - Inadequate compensation - Appeal filed by guardian of three male victim children against Trial Court judgment convicting father and paternal relatives for aggravated penetrative sexual assault but failing to grant final compensation beyond Rs 25000 interim amount...

Criminal Law - Dishonour of Cheque - Negotiable Instruments Act 1881 - Sections 138, 118 and 139 - Complainant challenged the acquittal of the accused by the Judicial Magistrate of First Class-II (Mobile) Kottayam - Case involved dishonour of a cheque for Rs. 4,50,000/- dated 09.03.2004 - PW1-complainant admitted during cross-examination that the money was given by his father in five installments ...

Writ Law - Right to Information - Right to Information Act 2005 - Section 24 - Exemption of Organizations - Appellant-Special Police Establishment (SPE) challenged High Court order directing supply of information to respondent-accused regarding details of sanction for his prosecution - Appellant relied on Madhya Pradesh State Notification dated 25.08.2011 issued under Section 24(4) exempting SPE f...

Civil Law - Service Matters - Recruitment - Motor Vehicle Inspector Grade II - Tamil Nadu Public Service Commission - TNPSC issued Notification No. 3/2018 for 113 posts - Recruitment involved written test - certificate verification - and oral interview - Initial selection of 32 candidates set aside by Single Judge in 2020 - Fresh verification of workshop experience directed - Subsequent list of 22...

Criminal Law - Criminal Breach of Trust by Public Servant - Indian Penal Code 1860 - Section 409 - Petitioner serving as Clerk in Municipal Council Nawanshahr was accused of embezzling Rs. 3,975/- between 2003 and 2004 - Prosecution case based on audit report and alleged failure to deposit collected funds - Trial Court and First Appellate Court convicted petitioner to one year rigorous imprisonmen...

Criminal Law - Cruelty and Dowry Harassment - Code of Criminal Procedure 1973 - Section 482 - Quashing of Proceedings - Applicants-in-laws challenged the charge-sheet and criminal proceedings for offences including Section 498A IPC and Dowry Prohibition Act - Complainant alleged she was subjected to cruelty for additional dowry of five lakhs and landed property - Allegations included physical assa...

Food Safety and Standards Act, 2006, Section 89 - Overriding effect - Overlap with Prevention of Food Adulteration Act, 1954 - The provisions of the Act of 2006 shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. Held, Section 89 mandates that its provisions supersede the Act of 1954 in cases of overlapping jurisdiction. [Paras ...

Criminal Law - Quashment - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 528 - Inherent power to quash proceedings to prevent abuse of process - Petitioners sought quashment of a final report alleging obstruction and intimidation of a police official during a theft enquiry - Factum of Petitioner No 1 being taken into custody without summons led to questioning by the petitioners which the prose...

Criminal Law - Quashing of FIR - Indian Penal Code 1860 - Sections 406, 420 and 120B - Prevention of Money Laundering Act 2002 - Sections 3 and 4 - Foreign Direct Investment - Petitioner news portal challenged FIR and ECIR alleging illegal FDI through share overvaluation and siphoning of funds - Complainant alleged FDI was structured to bypass 26 percent cap and used for non-business payments - Pe...

Criminal Law - Murder - Indian Penal Code 1860 - Sections 302 and 34 - Appellant Pravesh and three others intercepted deceased on bicycle due to land dispute litigation since 1972 - Accused assaulted deceased with sticks and knives resulting in homicidal death - Trial Court convicted appellants for life imprisonment - Surviving appellant Pravesh challenged conviction on grounds of false implicatio...