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 - Culpable Homicide vs Murder - Indian Penal Code 1860 - Sections 300 - 302 and 304 Part II - Single blow - Appellants Sudarshan Gupta and Vijay Kumar were convicted by Trial Court for murder and sentenced to life imprisonment following an altercation over bursting crackers on Deepawali night - Prosecution case rested on testimonies of injured eyewitnesses PW1 and PW5 who stated Sudar...

Criminal Law - Regular Bail - Indian Penal Code 1860 - Sections 147 148 149 120-B and 302 - Petitioner in judicial custody for over nine years as an under-trial prisoner - Allahabad High Court denied bail in CRMBA No. 43979/2024 by relying on Para 8 of X v. State of Rajasthan 2024 INSC 909 - High Court interpreted the precedent to mean bail should not be granted after charge framing if trial is in...

Criminal Law - Preventive Detention - Maharashtra Prevention of Dangerous Activities of Slumlords Bootleggers Drug-offenders Dangerous Persons Video Pirates Sand Smugglers and Persons Engaged in Black-marketing of Essential Commodities Act 1981 - Section 3 - Appellant placed under detention by Commissioner of Police Chhatrapati Sambhajinagar based on five cases under Maharashtra Prohibition Act 19...

Writ Law - Suspension of Look Out Circular - Constitution of India 1950 - Article 226 - Permission to travel abroad - Petitioner engaged in running a hospital sought interim suspension of LOC to attend four professional conferences in United Kingdom Netherlands and Switzerland - Respondent/SFIO opposed the application stating it was the fifth such request in thirteen months and that the investigat...

Criminal Law - Recall of Witnesses - Code of Criminal Procedure 1973 - Section 311 - Reopening pre-charge stage - Applicant filed complaint under Sections 406 504 and 506 IPC - Statements recorded under Sections 200 and 202 CrPC - Finding prima facie case Trial Magistrate summoned accused in 2014 - Evidence under Section 244 CrPC commenced in 2018 - Complainant statement recorded in 2020 - On 04-0...

Criminal Law - Criminal Misappropriation - Indian Penal Code 1860 - Sections 409 and 477A - Prevention of Corruption Act 1988 - Sections 13(1)(c) - 13(1)(d) and 13(2) - Appellant Secretary of Service Co-operative Society accused of misappropriating Rs 1,500 and Rs 14,000 - Conviction based on receipts Ext P1(b) and Ext P3(ab) allegedly signed by Appellant - Trial Court and High Court affirmed conv...

Criminal Law - Cheque Bounce - Negotiable Instruments Act 1881 - Sections 138 and 142 - Locus Standi of Complainant - Revisionist challenged the order dated 26.07.2013 passed by the Metropolitan Magistrate VIII Kanpur Nagar summoning him for an offence under Section 138 NI Act - The underlying dispute involved eleven cheques of Rs. 2,00,000 each drawn in favor of Hotel Paradise which were dishonor...

Criminal Law - Quashing of proceedings - Bharatiya Nyaya Sanhita 2023 - Sections 189(3) 223 126(2) and 293 - Petitioners assembled with flags to celebrate the 100th anniversary of their association and Vijayadasami festival - Prosecution alleged gathering caused public hindrance and transport disturbance - Charge sheet filed within nine days of complaint by Village Administrative Officer - Prosecu...

Writ Law - Custodial Death - Constitution of India - Article 21 - Mandatory Compensation - Petitioner’s husband Santosh Hojai was forcibly picked up from his residence by gunmen in civil dress later identified as police personnel - Victim was taken to the office of the Superintendent of Police Dima Hasao and tortured in a room called CDR Room - Victim died in a police vehicle while being mov...

Criminal Law - Quashing of Proceedings - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 528 - POCSO Act 2012 - Abuse of process - Compendium of four petitions seeking to quash criminal proceedings involving minor victims - Case 1 involved allegations against a doctor where the victim retracted claiming coercion by a lawyer with suspicious credentials - Case 2 involved family disputes where the ...