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 - 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 - Premature Release - Code of Criminal Procedure 1973 - Section 435 - Requirement of Central Government concurrence for remission of sentence - Convict sentenced to life imprisonment under Section 302 IPC and one year rigorous imprisonment under Explosives Substances Act 1908 - State Government rejected plea for premature release under G.O. (Ms). No. 64 dated 01.02.2018 citing the bar...

Criminal Law - Pre-arrest Bail - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 482 - Accused No 1 an accountant at Malappuram District Cricket Association was deputed to verify accounts at Kerala Cricket Association Thiruvananthapuram - Allegation that he stole data from the computer and forwarded it to Accused No 2 a member of the Association - Accused No 2 further shared the data with two ot...

Writ Law - Maintainability of complaint against spouse - Maintenance and Welfare of Parents and Senior Citizens Act 2007 - Sections 2 and 4 - Dispute between husband and wife who are both senior citizens - Petitioner husband challenged orders of the Assistant Commissioner and Deputy Commissioner directing joint Katha and maintenance in favour of the respondent wife - Petitioner inherited landed pr...

Criminal Procedure — Framing of Charge — Scope of Revisional Jurisdiction — Sections 227, 228 and 397 r/w 401 Cr.P.C. — Revisional jurisdiction to be exercised sparingly; High Court cannot reappreciate evidence as in an appeal — Court at stage of charge must determine whether material on record discloses grave suspicion against accused, not mere suspicion — Wher...

Criminal Law - Quashing of Proceedings - Maharashtra Control of Organised Crime Act 1999 - Sections 3(1) - 3(2) - 3(4) - 23(1)(a) and 23(2) - Indian Penal Code 1860 - Sections 120-B and 387 - Petitioners challenged MCOCA chargesheet and sanctions arising from FIR registered in 2013 - Allegations involved extortion calls made by gangster Ravi Pujari to Respondent No. 2 to settle disputes over prope...

Habeas Corpus – Child Custody – International Parental Relocation – Minor's welfare paramount – Petitioner-father sought a writ of habeas corpus directing return of minor son 'N' to the UK pursuant to orders of the High Court of Justice, Family Division, England, which had declared 'N' a ward of that Court and directed Respondent No.2-mother to return hi...

Criminal Law - Quashing of Proceedings - Protection of Women from Domestic Violence Act 2005 and Indian Penal Code 1860 - Section 498A - Petitioners being the mother-in-law and father-in-law of Respondent No. 2 sought quashing of criminal proceedings under the DV Act and the IPC - Marriage solemnized in June 2021 and husband resided in the United States of America - Husband obtained a decree of di...

Criminal Law - Rape - Indian Penal Code 1860 - Section 376 - Conviction based on child witness testimony - Appellant was convicted by the Trial Court for the rape of a 9-year-old girl and sentenced to life imprisonment - Prosecution case rested on the testimony of the victim (P.W.1) and her mother (P.W.2) who reached the spot immediately after hearing cries - Accused-neighbour fled the scene upon ...

Writ Law - Habeas Corpus - Constitution of India - Article 21 - Illegal Detention - Personal Liberty - Violation of Fundamental Rights - Accountability of Public Functionaries - Petitioner husband Shri Ghamandnath was sentenced to three months civil imprisonment by Naib Tehsildar Deh on 05.03.2026 under Section 91 of the Rajasthan Land Revenue Act 1956 for alleged encroachment - Sentence was suspe...