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 - Murder - Indian Penal Code 1860 - Sections 302 and 34 - Appellants Gayasi and Ram Charan convicted for the murder of Ramola by attacking him with a farsa and a bhala respectively while the deceased was resting under a banyan tree - Prosecution case relied on testimony of PW-1 (mother) and PW-3 (uncle) as eye-witnesses - Trial Court awarded life imprisonment - During pendency of appe...

Criminal Law - Anticipatory Bail - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 482 - Petitioners arrayed as Accused Nos 1 and 2 for offences under Sections 409 and 420 IPC - Allegations involve illegal allotment of residential plots to non-members of Hyderabad District Government Employees Cooperative Housing Society Limited during 2014-2019 while functioning as President and Secretary - Com...

Criminal Law - Corruption - Prevention of Corruption Act 1988 - Section 7 - Demand and acceptance - Appellants were convicted by the Special Court for demanding illegal gratification to release the withheld salary of the complainant wife - Trial Court relied on the recovery of tainted currency notes during a trap operation - High Court found that the prosecution failed to prove the demand which is...

Criminal Law - Murder and Grievous Hurt - Indian Penal Code 1860 - Sections 302 and 326 - Appellant-accused tried for murder of Donthu Nagaraju and causing grievous injuries to PW1 wife of deceased - Prosecution alleged accused quarreled with LW12 and deceased intervened to rescue LW12 - Accused later went to deceased house and attacked both victims with a heavy wooden stick - Trial Court convicte...

Criminal Law - Quashing of FIR - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 528 - Forgery and Conspiracy - Petitioners sought quashing of FIR registered for offences under BNS involving alleged forgery of signatures of shareholders on a Special Power of Attorney used in NCLT proceedings - Petitioners contended that the complaint was malafide and filed at a remote location to cause harassmen...

Criminal Law - Illegal Arrest - Constitution of India - Articles 21 and 22 - Bharatiya Nagarik Suraksha Sanhita 2023 - Sections 35 and 47 - Petitioner arrested for multiple offences including rape and sexual exploitation - FIR registered at Tardeo Police Station - Petitioner produced before Magistrate where he objected to the legality of the arrest on grounds that written grounds of arrest were no...

Criminal Law - NDPS Act - Narcotic Drugs and Psychotropic Substances Act 1985 - Sections 20(B) and 22(B) - Possession of Bhang vs Ganja - Appellant was apprehended near Chaibasa Bus Stand with a briefcase containing 11 Kg of alleged Ganja - Trial Court convicted and sentenced the appellant to 07 years R.I. and fine of Rs. 50000 - FSL report dated 29.11.2002 Exhibit-6 opined the substance was broke...

Criminal Law - Murder and Criminal Conspiracy - Indian Penal Code 1860 - Sections 302, 307, 379, 120B and 34 - Appellants Paulus Surin and Jetha Kachhap challenged the Trial Court judgment convicting them for the murder of Bhushan Singh and Ram Govind Singh by PLFI extremists - Prosecution alleged that Surin, a local MLA, conspired with extremists to kill the deceased because the deceased was acti...

Criminal Law - Recall of Witness - Code of Criminal Procedure 1973 - Section 311 - Recalling prosecutrix for cross-examination - Applicant challenged the order dated 15.06.2026 passed in ST No.44/2023 by III Additional Sessions Judge Chhatarpur dismissing application to recall PW/1 - Applicant contended DNA report was received after testimony and recall was necessary for defense - State opposed no...

Criminal Law - Grievous Hurt - Indian Penal Code 1860 - Sections 323, 325 and 34 - Accused persons Harish Kumar and Rajesh Kumar were charged for assaulting the informant and her family over a dispute regarding plucking of brinjals - Informant suffered broken teeth and facial injuries - Trial Court convicted Rajesh Kumar under Section 325 read with 34 IPC and Harish Kumar under Section 323 IPC - T...