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Protection of Children from Sexual Offences Act, 2012 — Section 4 — Section 376 (3) IPC — Rape — Conviction upheld — Evidence of victim’s mother and medical evidence — Reliability of victim’s mother’s testimony confirmed despite lengthy cross-examination, finding it natural and trustworthy and corroborated by other witnesses and medical evidence — Medical evidence, though partially presented by defense, conclusively supported sexual assault, citing perineal tear and abrasions around anus Hindu Succession Act, 1956 — Section 6 (as amended by Amendment Act, 2005) — Retrospective application — Validity of pre-amendment sale deeds — The prohibition contained in the amended Section 6 of the Hindu Succession Act, 1956, does not affect registered sale deeds executed prior to December 20, 2004 (date of introduction of the amending provision) — This principle aligns with the judgment in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1. Judicial Process — Misuse of process — Challenging bail conditions previously offered voluntarily — Accused offering substantial deposits to secure bail and subsequently challenging the onerous nature of conditions or the counsel’s authority to make such offers — This practice is condemned for undermining the judicial process and preventing consideration of bail applications on their merits — Such conduct leads to setting aside of bail orders and remittal for fresh consideration. Social Media Posts — Content-Related Offenses — Retaliatory Action — Quashing of Proceedings — While the court made no final determination on the nature of the petitioner’s social media posts, it acknowledged the petitioner’s counsel’s submission that the tweets were ‘retaliatory’ and were made in response to an incident involving a social media influencer. This assertion formed part of the petitioner’s argument for quashing or consolidating the numerous FIRs, suggesting a motive beyond simple offensive content. Legal Profession — Autonomy and Independence — Administration of Justice — Role of Lawyers — Article 19(1)(g) of the Constitution of India — Impact of direct summons to defence counsel by Investigating Agencies on the autonomy of the legal profession and the independence of the administration of justice — Need for judicial oversight.

HELD – Persons With Disabilities Have Right To Reservation In Promotions Siddaraju vs. State of Karnataka FOLLOWED Further HELD that the principle in Indra Sawhney & Others v. Union of India & Others – (1992) Supp. 3 SCC 215 against reservation in promotions will not extend to PWDs.

The Supreme Court on Monday held that persons with physical disabilities have right to reservation in promotions also. A 2-judge bench comprising Justices Sanjay Kishan Kaul and R Subhash Reddy…

HELD “Thus, for covering an offence under Section 364A (IPC) , apart from fulfillment of first condition, the second condition, i.e., “and threatens to cause death or hurt to such person” also needs to be proved in case the case is not covered by subsequent clauses joined by “or”.”

Issues framed by the Supreme Court The Supreme Court considered the following issues : I.What are the essential ingredients of Section3 46A to be proved beyond reasonable doubt by the…

No adoption of affected children should be permitted contrary to the provisions of the JJ Act, 2015 – Invitation to persons for adoption of orphans is contrary to law as no adoption of a child can be permitted without the involvement of CARA – Stringent action shall be taken by the State Governments/Union Territories against agencies / individuals who are responsible for indulging in this illegal activity

SUPREME COURT OF INDIA DIVISION BENCH IN RE CONTAGION OF COVID 19 VIRUS IN CHILDREN PROTECTION HOMES ( Before : L. Nageswara Rao and Aniruddha Bose, JJ. ) SMW (C) No.…

Republic of Italy, deposited pursuant to award dated 21.05.2020 passed by the Arbitral Tribunal can be said to be a reasonable amount of compensation and can be said to be in the interest of heirs of the deceased – In exercise of powers under Article 142 of the Constitution. FIR quashed and set aside.

SUPREME COURT OF INDIA DIVISION BENCH MASSIMILANO LATORRE AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Indira Banerjee and M.R. Shah, JJ. )…

Plaintiff was pursuing writ petition bona fidely–If the period taken for pursuing the remedy is excluded, the suit must be held to have been filed within the period prescribed by the Limitation Act–Interest on Delayed payments to small Scale and Ancillary Industrial Undertaking Act, S 4–Limitation Act, 1963, S 14.   

2009(2) LAW HERALD (SC) 771 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7315 of 2008…

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