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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.

Mere amendment in property cards of City Survey Office mutating names of petitioners does not create title–Nothing on record to show delivery of possession to them by receiver–Acquisition proceedings, held, not bad for want of notice–Maharashtra Regional and Town Planning Act, 1996, Sections 83(3) and 86(2).

2009(2) LAW HERALD (SC) 751 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S.Sirpurkar The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 6712 of 2008…

Compassionate Appointment–Death not claimed to be due to accident–Settlement providing that the death of the bread earner should have occurred `due to an accident arising out of and in course of employment’, as in this case, the employee had not died due to an accident–His dependents not entitled to appointment.

2009(2) LAW HERALD (SC) 751 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. 6159 of 2008…

Civil Contempt – Contempt action ought to proceed only in respect of established wilful disobedience of the order of the Court – It has to be established that disobedience of the order is “wilful” HELD not open to go into the correctness or otherwise of the order or give additional directions or delete any direction, which course could be adopted only in review jurisdiction and not contempt proceedings.

SUPREME COURT OF INDIA DIVISION BENCH ABHISHEK KUMAR SINGH — Appellant Vs. G. PATTANAIK AND OTHERS — Respondent ( Before : A.M. Khanwilkar and B.R. Gavai, JJ. ) Contempt Petition…

IN RE: DISTRIBUTION OF ESSENTIAL SUPPLIES AND SERVICES DURING PANDEMIC HELD The complete data on the Central Government’s purchase history of all the COVID-19 vaccines till date (Covaxin, Covishield and Sputnik V). The data should clarify: (a) the dates of all procurement orders placed by the Central Government for all 3 vaccines; (b) the quantity of vaccines ordered as on each date; and (c) the projected date of supply; and An outline for how and when the Central Government seeks to vaccinate the remaining population in phases 1, 2 and 3. The steps being taken by the Central Government to ensure drug availability for mucormycosis.

SUPREME COURT OF INDIA FULL BENCH IN RE: DISTRIBUTION OF ESSENTIAL SUPPLIES AND SERVICES DURING PANDEMIC ( Before : Dr. Dhananjaya Y. Chandrachud, L Nageswara Rao and S Ravindra Bhat,…

Dowry death – Death due to poisoning- Offences under Section 498-A and Section 304-B, IPC are distinct in nature – Although cruelty is a common thread existing in both the offences, however the ingredients of each offence are distinct and must be proved separately by the prosecution – If a case is made out, there can be a conviction under both the sections.

SUPREME COURT OF INDIA FULL BENCH GURMEET SINGH — Appellant Vs. STATE OF PUNJAB — Respondent ( Before : N.V. Ramana, CJI., Surya Kant and Aniruddha Bose, JJ. ) Criminal…

Dowry death – The essential ingredient of deceased committing suicide has not been proved by the prosecution by adducing sufficient evidence. Prosecution failed to establish the death occurred due to suicide. Therefore, the finding of the Courts below convicting the appellants under Section 306, IPC merits interference . law under Section 304-B, IPC read with Section 113-B, Evidence Act can be summarized

SUPREME COURT OF INDIA DIVISION BENCH SATBIR SINGH AND ANOTHER — Appellant Vs. STATE OF HARYANA — Respondent ( Before : N.V. Ramana, CJI., and Aniruddha Bose, J. ) Criminal…

HELD extraordinary circumstances, when a strict case for grant of anticipatory bail is not made out, and rather the investigating authority has made out a case for custodial investigation, it cannot be stated that the High Court has no power to ensure justice proviso which necessitates the Court pass such an exceptional discretionary protection order for the shortest duration period of 90 days, or three months, cannot be considered reasonable.

SUPREME COURT OF INDIA FULL BENCH NATHU SINGH — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : N.V. Ramana, CJI., Surya Kant and Aniruddha Bose,…

(CrPC) – Section 31(1) – Kidnapping and rape – Multiple punishments of imprisonment – Whether the sentences would run concurrently or consecutively? – Held, It is legally obligatory upon the Court of first instance, while awarding multiple punishments of imprisonment, to specify in clear terms as to whether the sentences would run concurrently or consecutively.

SUPREME COURT OF INDIA DIVISION BENCH SUNIL KUMAR @ SUDHIR KUMAR AND ANOTHER — Appellant Vs. THE STATE OF UTTAR PRADESH — Respondent ( Before : Dinesh Maheshwari and Aniruddha…

IBC – Approval of a resolution plan does not ipso facto discharge a personal guarantor (of a corporate debtor) of her or his liabilities under the contract of guarantee – Release or discharge of a principal borrower from the debt owed by it to its creditor, by an involuntary process, i.e. by operation of law, or due to liquidation or insolvency proceeding, does not absolve the surety/guarantor of his or her liability, which arises out of an independent contract.

SUPREME COURT OF INDIA DIVISION BENCH LALIT KUMAR JAIN — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent(S) ( Before : L. Nageswara Rao and S. Ravindra Bhat, JJ.…

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