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

Matrimonial Law - Divorce - Hindu Marriage Act 1955 - Section 14 - Statutory bar for entertaining divorce petition within one year of marriage - Appellant husband filed for divorce on grounds of cruelty and desertion under Section 13(1)(ia) and (ib) - Family Court Kadi dismissed the suit as premature since it was presented within one year of marriage - Trial Court however proceeded to discuss the ...

Criminal Law - Discharge - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 250 - Computation of limitation for filing discharge application in cases of direct cognizance - Petitioners arraigned as accused in a case involving POCSO Act and BNS offences - Trial Court framed charges on the 17th day of their first appearance without affording an opportunity to file a discharge petition or conducting...

Criminal Law - Revisional Jurisdiction - Petitioner was accused of inflicting injuries on the victim with a sickle on a threshing floor - Trial Court convicted petitioner under Sections 324 and 326 IPC and sentenced him to six months simple imprisonment for each - Appellate Court dismissed the appeal and upheld the conviction - Petitioner contended major contradictions in witness statements and no...

Criminal Law - Cruelty - Indian Penal Code 1860 - Section 498A - Petitioners challenged their conviction and two-year sentence for dowry-related cruelty - Marriage solemnized in 2003 and complaint lodged in 2009 after a lapse of six years - Trial Court and Appellate Court convicted the husband and brother-in-law while acquitting the parents-in-law on the same evidence - High Court observed that pr...

Criminal Law - Quashing of Order - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 528 - Petitioners sought setting aside of order dated 07.09.2024 passed by Special Mobile Magistrate Poonch - FIR No. 133/2023 was registered under Sections 452, 323, 427, 506 and 34 IPC over a land dispute - Police submitted Final Closure Report No. 01/2024 stating no offence was made out - Respondent No. 2 filed...

Writ Law - Emergency Parole - Constitution of India - Article 226 - Petitioner wife of life convict in SC No 322/2012 sought emergency parole for her husband to settle a loan with Madhava Vilasom Service Co-operative Bank Ltd - Arbitration proceedings initiated due to default created risk of property auction - Convict entered into a sale agreement with Mr Toby Martin and Mr Ajithkumar in the prese...

Criminal Law - Bail - Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 - Section 14(A) - Bharatiya Nyaya Sanhita 2023 - Section 103(1) - Appellants denied bail by the Special Court in connection with a violent scuffle during Deepavali where one person died and five others were injured - Prosecution alleged appellants used cricket stumps and bricks to assault the victim...

Criminal Law - Regular Bail - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 483 - CGST Act 2017 - Sections 69 and 132 - Petitioner proprietor of M/s Maa Steel Ludhiana arrested for allegedly availing illegal Input Tax Credit of Rs. 9.66 Crores through systemic issuance and utilization of invoices without actual movement of goods - Petitioner in custody since 12.02.2026 for a period exceeding t...

Criminal Law - Dishonour of Cheque - Negotiable Instruments Act 1881 - Section 138 - Revision Petition - Petitioner challenged concurrent judgments of conviction and sentence passed by the Judicial Magistrate First Class Chachiot and affirmed by the Sessions Judge Mandi - Case involved a loan of Rs 300000 borrowed for domestic needs - Cheque was dishonoured with the remark Exceeds arrangement - Pe...

Criminal Law - Double Murder and Attempt to Murder - Indian Penal Code 1860 - Sections 302, 307, 452 and 120B - Appellants Dalchand and Padam Singh were convicted for the murder of two persons and causing gunshot injuries to three others at their residence - Incident occurred in broad daylight due to prior enmity - Appellants challenged conviction on grounds of delay in FIR registration - non-reco...