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 - Acquittal - Code of Criminal Procedure 1973 - Section 378 - Appeal against acquittal of five respondents for offences under Sections 323, 324, 504 and 114 IPC and Section 3(1)(10) of the Atrocity Act - State challenged the Trial Court order dated 12.04.2012 - Prosecution alleged the accused assaulted the informant’s wife and daughter at a village dairy and used caste-related a...

Civil Law - Divorce - Cruelty - Admissibility of Electronic Evidence - Code of Civil Procedure 1908 - Order VII Rule 14(3) - Indian Evidence Act 1872 - Section 65B - Petitioner-husband filed for divorce on grounds of cruelty and sought to produce call recordings and documents such as medical records and travel tickets - Trial Court dismissed the applications citing absence of Section 65B certifica...

Criminal Law - Bigamy with concealment - Indian Penal Code 1860 - Section 495 - Appellant married respondent in 1984 under Hindu rites unaware of his prior marriage to one Manabi Roy in 1983 under the Special Marriage Act - Respondent was later dismissed from police service following departmental proceedings for bigamy - Trial Court acquitted respondent citing failure to prove first marriage via r...

Criminal Law - Kidnapping and Abduction - Indian Penal Code 1860 - Sections 361, 363 and 366 - Acquittal - State appeal against the acquittal of the respondent accused of kidnapping a minor girl with intent to compel marriage - Prosecution alleged that the accused threatened to upload victim's photographs on the internet to coerce her into joining him - Trial Court acquitted the accused after ...

Criminal Law - Matrimonial Discord - Indian Penal Code 1860 - Section 498A - Quashing of FIR - Petitioner wife of the husband's cousin brother was named as Accused No. 2 in FIR alleging offences under Section 498A IPC - Informant alleged that husband (A1) spent time with Petitioner and engraved her son's name on his hand - Further allegation that Petitioner abused informant at Shirdi - Pet...

Criminal Law - Acquittal - Indian Penal Code 1860 - Sections 332, 504 and 506(2) - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 - Section 3(1)(10) - State challenged the judgment of the Special Judge Patan acquitting the respondent of assaulting a rent collector and using caste-based slurs - Prosecution alleged that on 15.09.2009 the accused assaulted the complainant o...

Criminal Law - Narcotics - Narcotic Drugs and Psychotropic Substances Act 1985 - Section 50 - Mandatory compliance during body search - Accused intercepted by police during patrol - Detecting officer conducted body search and noticed a bulge in the front pocket of the accused - Accused directed to remove the item which was found to be 52.45 grams of MDMA - Prosecution argued Section 50 compliance ...

Criminal Law - Anticipatory Bail - Bharatiya Nagarik Suraksha Sanhita 2023 - Sections 438 and 482 - Assault on vital part - Applicant-accused sought pre-arrest bail for multiple offences under BNS 2023 including sections related to assault and rioting - FIR alleged that the applicant hit the complainant’s mother on the head with a pipe and on the shoulder - Applicant claimed false implicatio...

Criminal Law - Murder - Indian Penal Code 1860 - Section 302 - Appellant convicted for the murder of a motorcyclist found with bleeding injuries - Trial Court based conviction on four circumstances including the accused being known as B.B.Driver and the deceased allegedly writing this name on a paper Exhibit-6 before death - Prosecution further relied on palm prints found on the vehicle dickey and...

Criminal Law - Prosecution of Public Servants - Code of Criminal Procedure 1973 - Section 362 - Jurisdiction post-judgment - Functus Officio - Appellants police officials arrested respondent in 2011 for alleged possession of contraband under NDPS Act - Trial Court acquitted respondent in 2013 extending benefit of doubt due to failure to prove link evidence and discrepancies in witness statements -...