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

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 - 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 - Attachment of Property - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 107 - Petitioner being the wife of the main accused challenged the order of Chief Judicial Magistrate Howrah attaching three joint properties and two exclusive properties - Petitioner was not arraigned as an accused in the FIR - Trial Court passed the attachment order without serving the mandatory notice unde...

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 - Kidnapping and Rape - Indian Penal Code 1860 - Sections 363 and 366-A - Protection of Children from Sexual Offences Act 2012 - Section 6 - Age Determination - Appellant convicted for kidnapping and raping a girl allegedly aged 15 years - Prosecutrix and her mother turned hostile - Mother admitted in cross-examination that the prosecutrix was 18-19 years old at the time of the incide...

Criminal Law - Discharge - Code of Criminal Procedure 1973 - Section 227 - Prevention of Corruption Act 1988 - Sections 7 and 13(2) - Petitioner working as daily wage driver in the office of Labour Superintendent was caught in a trap where Rs 3000 was recovered from his possession - Allegation was that the then Labour Superintendent demanded illegal gratification through his staff for release of T...

Criminal Law - Bail - Narcotic Drugs and Psychotropic Substances Act 1985 - Sections 20(b)(ii)(B) and 25 - Bharatiya Nagarik Suraksha Sanhita 2023 - Sections 480 and 483 - Suppression of material facts - Petitioner was arrested for possessing and transporting 14 kg of Ganja after a police chase - Counsel argued false implication and non-compliance with Sections 52-A and 67 of the NDPS Act - Prosec...

Criminal Law - Adulteration and Misbranding - Prevention of Food Adulteration Act 1954 - Section 16(1)(a)(i) - State appeal against acquittal - Food Inspector sampled bread manufactured by respondent-firm Kitty Industries - Public Analyst reported sample was misbranded due to lack of manufacturing details and adulterated due to high alcoholic acidity - Trial Court convicted the manufacturer - Appe...

Criminal Law - Quashing of Proceedings - Indian Penal Code 1860 - Sections 188 and 341 - Code of Criminal Procedure 1973 - Section 195(1)(a) - Petitioner-accused No. 2 sought quashing of criminal proceedings arising from a political roadshow during the 2019 Huzurnagar bye-elections - Allegations involved conducting a large-scale roadshow with 10000 supporters and 500 vehicles causing traffic obstr...

Criminal Law - Custody Transfer - Code of Criminal Procedure 1973 - Revision - Petitioner-accused facing trial in Kathua for attempt to murder and illegal arms possession was lodged in District Jail Jammu - Application for shifting custody to District Jail Kathua filed through mother was rejected by trial court - Rejection was based on findings that family resided in Punjab and not Kathua and accu...