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 - Dishonour of Cheque - Negotiable Instruments Act 1881 - Section 138 - Locus Standi - Revisionist challenged the summoning order dated 26.07.2013 passed by Metropolitan Magistrate Kanpur Nagar in a complaint filed by M/s Krishna Hotels and Developers through its partner regarding eleven cheques drawn in favor of Hotel Paradise - Trial Court initially questioned the locus but subseque...

Criminal Law - Code of Criminal Procedure 1973 - Section 195 and 340 - Cognizance of offence under IPC Section 417 - Jurisdiction and Procedure - Held - Section 195(1) CrPC provides a bar on cognizance of specific offences relating to public justice and documents given in evidence such as Sections 193 to 196, 199, 200, 205 to 211 and 228 IPC - It has no applicability to offences under Sections 417...

Criminal Law - Bail - Bharatiya Nyaya Sanhita 2023 - Sections 3(6) 3(7) 3(8) 61(2) 103(1) 105 106(1) 238 308(2) 316(5) and 318(4) - Petitioner as organizer of North East India Festival in Singapore sought bail following the drowning death of Brand Ambassador Zubeen Garg - Prosecution alleged petitioner harbored a grudge and conspired to eliminate the deceased by forcing participation and ensuring ...

Bharatiya Nagarik Suraksha Sanhita 2023 - Section 483 - Regular Bail - Police Investigation - Petitioner sought bail in case involving cheating of numerous persons where proceeds were allegedly received by his family members - Held - Court found it shocking that police declared family members innocent despite evidence of them receiving cheated money - Matter adjourned for personal affidavit from S...

Writ Law - Police Investigation - Constitution of India - Article 226 - Petitioner alleged police inaction in conducting investigation and filing charge sheet in Crime No. 126 of 2022 - Complaint was registered for offences of cheating and forgery under the IPC following a direction from the Additional Judicial Magistrate under Section 156(3) CrPC - State contended that the investigation was at a ...

Criminal Law - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 482 - Anticipatory Bail - Second Application - Maintainability - Petitioner filed second petition for pre-arrest bail after withdrawing the first on 20-04-2026 - Held - Second petition for anticipatory bail is not maintainable without any substantial change in circumstances on procedural grounds or merits - [Paras 1-4] Bharatiya N...

Criminal Law - Indian Penal Code 1860 - Section 354A - Appeal against Acquittal - Sexual Harassment - Ingredients - Prosecution must prove physical contact or advances involving sexual intent or unwelcome sexual conduct - Testimony of victim (PW2) and witnesses (PW3, PW7) failed to establish sexual intent in the act of catching the victim's hand - Held - Ingredients of sexual harassment not ma...

Criminal Law - Recall of witness - Code of Criminal Procedure 1973 - Section 311 - Recall of prosecutrix - Respondent accused of rape under Section 376 IPC sought recall of PW-1 four years after her last cross-examination to put 94 questions regarding Call Detail Records - Trial Court rejected application citing delay and attempt to prolong trial - High Court reversed and allowed recall - Supreme ...

Criminal Law - Jurisdiction - Police Act 1861 - Sections 1 25 and 26 - Meaning of Magistrate of the district - Petitioner claiming to be step-brother of deceased occupant challenged order of Chief Judicial Magistrate Alipore directing handover of keys of premises to Opposite Party No. 2 claiming to be the son - Local police had locked the premises following the death of the occupant on 28.08.2012 ...

Criminal Law - Sentence Modification - Indian Penal Code 1860 - Section 307 read with Section 34 - Attempt to Murder - Appellants Saghir Ahmad and Mohammad Iliyas convicted in 1985 for an incident occurring in 1981 - Trial court awarded five years rigorous imprisonment - During the pendency of the appeal the injured informant Smt Dharmi Devi moved a compromise application in 1986 stating that inju...