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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.

 ARNAB RANJAN GOSWAMI CASE :: Constitution of India, 1950 – Article 32 – Quashing of FIR – There can be no quashing of FIR under Article 32 – Transfer of Investigation to CBI – Accused cannot ask for changing the investigating agency or to do investigation in a particular manner including for court-monitored investigation. HELD accused “does not have a say in the matter of appointment of investigating agency” Investigating agency is entitled to decide “the venue, the timings and the questions and the manner of putting such questions” during the course of the investigation.

  SUPREME COURT OF INDIA DIVISION BENCH ARNAB RANJAN GOSWAMI — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y Chandrachud and M R…

Evidence Act, 1872 – Section 65 and 66 – Secondary evidence – Will – Prove of – It is a settled position of law that for secondary evidence to be admitted foundational evidence has to be given being the reasons as to why the original Evidence has not been furnished. HELD Needless to observe that merely the admission in evidence and making exhibit of a document does not prove it automatically unless the same has been proved in accordance with the law – Appeal allowed.

  SUPREME COURT OF INDIA DIVISION BENCH JAGMAIL SINGH AND ANOTHER — Appellant Vs. KARAMJIT SINGH AND OTHERS — Respondent ( Before : Navin Sinha and Krishna Murari, JJ. )…

Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 – Rule 2(2) – Restoration of 4G speed internet services in Jammu and Kashmir – Rejection of – Committee comprising of the following Secretaries at national, as well as State, level formed to decide the contentions of parties.

  SUPREME COURT OF INDIA FULL BENCH FOUNDATION FOR MEDIA PROFESSIONALS — Appellant Vs. UNION TERRITORY OF JAMMU AND KASHMIR AND ANOTHER ( Before : N.V. Ramana, R. Subhash Reddy…

Arbitration and Conciliation Act, 1996 – Sections 27, 34 and 37 – Contract Act, 1872 – Sections 56 and 65 – Arbitral award – Interpretation of contract – High Court held that the interpretation of the terms of the contract by the Arbitral Tribunal is erroneous and is against the public policy of India HELD The interpretation of the Arbitral Tribunal to expand the meaning of Clause 23 to include change in rate of HSD is not a possible interpretation of this contract, as the appellant did not introduce any evidence which proves the same.

  SUPREME COURT OF INDIA FULL BENCH SOUTH EAST ASIA MARINE ENGINEERING AND CONSTRUCTIONS LTD. (SEAMEC LTD.) — Appellant Vs. OIL INDIA LIMITED — Respondent ( Before : N.V. Ramana,…

Environment Law – Sisodia Rani ka Bagh (Monument) – Monument may be used for appropriate multi-purpose activities between 8.00 A.M. to 8.00 P.M. only – No activity to be permitted after 8.00 P.M. – Use of laser lights, loud music, and fireworks is ordered to be completely restrained – Musical and other fountains to be maintained and to be kept in working order. Environment Law – Sisodia Rani ka Bagh (Monument) – Monument may be used for appropriate multi-purpose activities between 8.00 A.M. to 8.00 P.M. only – No activity to be permitted after 8.00 P.M. – Use of laser lights, loud music, and fireworks is ordered to be completely restrained – Musical and other fountains to be maintained and to be kept in working order. SC To Monitor Beautification Of 18th Century Garden. n

  SUPREME COURT OF INDIA DIVISION BENCH THE DIRECTOR, DEPARTMENT OF ARCHAEOLOGY AND MUSEUMS, JAIPUR AND ANOTHER — Appellant Vs. ASHISH GAUTAM AND OTHERS — Respondent ( Before : Arun…

Sabarimala Reference: SC Gives Reasons For Holding That Questions Of Law Can Be Referred To Larger Bench In Review HELD(REASONS) Writ Petitions filed under Article 32 of the Constitution of India do not fall within the purview of civil and criminal proceedings. Therefore, the limitations in Order XLVII, Rule 1 do not apply to review petitions filed against judgments or orders passed in Writ Petitions filed under Article 32 of the Constitution of India. Court noted that the Article 137 of the Constitution of India empowers the Supreme Court to review any judgment pronounced or order made by it subject to the provisions of any law made by the Parliament or any rules made under Article 145

Sabarimala Reference: SC Gives Reasons For Holding That Questions Of Law Can Be Referred To Larger Bench In Review [Read Order] LIVELAW NEWS NETWORK 11 May 2020 4:38 PM The…

Gujarat Urban Land (Ceiling and Regulation) Act, 1976 – Sections 6, 9, 10, 10(5) and 20(1)(a) – Physical possession – The settled legal position that it is difficult to take physical possession of the land under compulsory acquisition – HELD Subsequent thereto, the retention of possession would tantamount only to illegal or unlawful possession.HELD that the writ petition filed in the year 2001 by the appellants with limited relief of questioning the Possession Panchnama dated 20.3.1986, suffered from laches.

  SUPREME COURT OF INDIA DIVISION BENCH KAPILABEN AMBALAL PATEL AND OTHERS — Appellant Vs. STATE OF GUJARAT AND ANOTHER — Respondent ( Before : A.M. Khanwilkar and Dinesh Maheshwari,…

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