Medical Report Missing Injured's Signature, Unexplained 9-Hour FIR Delay Fatal To Prosecution Case: Allahabad High Court Acquits Attempt To Murder Convicts Fresh Notice Mandatory To Ex-Parte Defendants If Plaint Is Substantively Amended: Madhya Pradesh High Court Divorce | Initial Bickering Between Spouses During Early Marriage Does Not Constitute Cruelty: Madras High Court Sports Council Cannot Dissolve Registered Society Or Conduct Its Elections; Can Only Withdraw Recognition: Kerala High Court Incarceration Without Trial Amounts To Punishment: Himachal Pradesh HC Grants Bail To Murder Accused Denied Medical Care In Jail Compliance Is Not Protection: Kerala High Court Holds Local Authority Cannot Deny Industrial License Merely Over Unscientific Public Protests Allotment Of Seat By Bypassing Higher-Ranked Candidates In Merit List Results In Gross Injustice: Calcutta High Court Dismisses LLM Admission Plea Blacklisting Not An Automatic Consequence Of Contract Termination, Requires Specific Show-Cause Notice: Supreme Court Power Of Attorney Cannot Operate As Mode Of Succession To Religious Office Of Sajjadanashin: Supreme Court Higher-Ranking Employees Cannot Claim Parity In Punishment With Subordinates Under Article 14: Supreme Court Waqf Board Lacks Jurisdiction To Appoint 'Sajjadanashin', Civil Court Can Decide Dispute As Office Is Distinct From 'Mutawalli': Supreme Court 144 BNSS | Husband Cannot Directly Challenge Ex-Parte Maintenance Order In High Court, Must Apply For Recall: Allahabad High Court No Absolute Bar On Relying Upon Post-Notification Sale Deeds For Determining Land Acquisition Compensation: Bombay High Court 138 NI Act | Plea That Cheque Was Stolen Is An Afterthought If No Police Complaint Is Lodged: Orissa High Court Upholds Conviction Cannot Expect Claimant To Preserve Every Bill: P&H High Court Enhances Accident Compensation From Rs 95,000 To Rs 7.7 Lakhs Auction Sale Remains 'Inchoate' If 75% Balance Paid Beyond Statutory Time, Borrower Can Redeem Property: Supreme Court

"CRIMINAL LAW" Digest

Criminal Law – Conviction for Rape and Kidnapping – Accused convicted of kidnapping a minor girl and committing rape – Trial court’s judgment upheld by High Court with partial modifications – Appeal mainly contested on grounds of unreliable evidence and improper conviction under special statutes – High Court affirms conviction under IPC, sets aside conviction un...

Criminal Law - Probation of Offenders - Sections 360 and 361 Cr.P.C. - Conditions for Release on Probation - Petitioners convicted under Section 292 IPC and Sections 63 and 68-A of the Copyright Act for preparing and selling obscene video compact discs - Trial Court and Appellate Court failed to consider release on probation despite compliance with conditions under Section 360 Cr.P.C. - Offenders ...

Landlord-Tenant Relationship - Bona Fide Requirement - Section 13 of East Punjab Urban Rent Restriction Act, 1949 - Eviction petition filed by landlady claiming shop needed for son's business - Son appeared as witness and attorney, cross-examined by tenant - Held, usually landlord must give evidence personally; exception where affairs managed by attorney who is a close family member - Attorney...

Criminal Law - Medical Negligence - Quashing of Criminal Complaint and Summoning Order –Criminal Appeal against summoning order for offense under Section 304-A IPC – Allegation of medical negligence against appellant in the treatment of respondent's wife – Contention that summoning order was passed without obtaining necessary medical opinion from a government doctor as mandat...

Criminal Law - Procedural Compliance under NDPS Act – Compliance with Section 42 NDPS Act –Search and Seizure Requirements – Appellants charged and tried under Sections 21(c) and 8(c) of the NDPS Act – Conviction and sentence of 14 years imprisonment and a fine of Rs. 2 lakhs each challenged – Defence contended non-compliance with Section 42 of the NDPS Act – He...

Criminal Law - Abetment of Suicide - Conviction under Section 306 IPC - Requirement of Positive Evidence - Indian Penal Code, 1860 - The appellant, convicted for abetment of suicide based on allegations of harassment in a suicide note, was acquitted. The court held that there must be cogent evidence proving that the appellant had any direct role in abetting the deceased to commit suicide. Mere all...

Information Technology Act, 2000 - Exemption from Liability - Intermediary Role - Held, Facebook India Ltd. is an intermediary and does not control or operate servers hosting content. No allegations of conspiracy or inducement against it. Exempt from liability under Section 79 of the IT Act. Not a necessary party to the suit.   Copyright Act, 1957 - Section 52(1)(c) Compliance - Pre-sui...

Criminal Law - Cause of Death - Hanging vs. Strangulation - Forensic evidence and medical jurisprudence distinguish hanging from strangulation - Strangulation characterized by horizontal ligature marks, injuries to neck muscles, and ruptured carotid arteries - Post-mortem showed injuries consistent with strangulation, not hanging - Appellant's claim of suicide rejected - Conviction upheld. [Pa...

Criminal Law - Plea of Insanity - Section 302 IPC - Appellant convicted for murder - Defense under Section 84 IPC claiming schizophrenia - Evidence showed appellant's behavior did not support claim of unsoundness of mind at the time of the crime - Legal insanity not established - Appeal dismissed. [Paras 26, 37]              &...

Indian Penal Code, 1860 - Sections 302, 307, 506, 148, 149 - Conviction - Complainant party alleged accused of committing murder - Medical evidence indicated a 12 bore shot fired from close range, contradicting the complainant's version of indiscriminate firing from a distance - Held, the medical evidence did not support the ocular version of the complainant and eyewitnesses - Conviction set a...