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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.

Criminal Trial Law Does Not Taboo Adopting Of The Alternate Pleas By Accused HELD a murder accused can take a plea that he was not at all involved in the act which resulted in the death of the deceased, but that does not deprive him/her of the right to establish the fact that the case against him would still be embraced within any of the exceptions under Section 300 IPC.

[Criminal Trial] Law Does Not Taboo Adopting Of The Alternate Pleas By Accused: SC [Read Judgment] LIVELAW NEWS NETWORK 26 Jan 2020 8:27 PM The law does not taboo adopting…

Initiation of contempt proceedings – Notifications providing for consequential seniority in promotion to the Members of the SC/ST communities – In the absence of any quantifiable data relating to the issue of backwardness and inadequacy of representation of the concerned classes in public employment, no benefit of consequential seniority could be extended

SUPREME COURT OF INDIA FULL BENCH BAJRANG LAL SHARMA — Appellant Vs. C.K. MATHEW AND OTHERS — Respondent ( Before : Uday Umesh Lalit, Indira Banerjee and M.R. Shah, JJ.…

SC Sets Aside NCDRC Findings Of Unfair Trade Practice Against Star TV & Airtel In Relation To KBC Show HELD there is no other cogent material on record upon which the National Commission could have placed reliance to render the finding of ‘unfair trade practice’ under Section 2(1)(r)(3) (a) of the 1986 Act”,

SUPREME COURT OF INDIA DIVISION BENCH STAR INDIA (P) LTD. — Appellant Vs. SOCIETY OF CATALYSTS AND ANOTHER — Respondent ( Before : Mohan M. Shantanagoudar and R. Subhash Reddy,…

Registration Act, 1908 – Sections 31, 88, 89, 32, 34 and 36 – Civil Procedure Code, 1908 (CPC) – Section 100 – Transfer of Property Act, 1882 – Section 53(A) – Registration of deed of conveyance – HELD The deed in question does not fall within Sections 31, 88 and 89 of the Registration Act. Section 32 of the said Act does not require presence of both parties to a deed of sale when the same is presented for registration – Not find any reason to interfere with the judgment of the High Court

SUPREME COURT OF INDIA DIVISION BENCH H.P. PUTTASWAMY — Appellant Vs. THIMMAMMA AND OTHERS — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ. ) Civil Appeal No. 3975…

Penal Code, 1860 (IPC) – Section 302 read with Sections 120-B/34, 147, 148 and 149 – Criminal Procedure Code, 1973 (CrPC) – Section 161 – Murder by gunshots – There has been no wrong or improper exercise of discretion on the part of the High Court in granting bail to the accused

SUPREME COURT OF INDIA DIVISION BENCH PRABHAKAR TEWARI — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ. ) Criminal…

Service Matters

Army Act, 1950 – Section 20 – Army Rules, 1954 – Rule 17 – Dismissal by Chief of the Army Staff – While exercising the power under Section 20 of the Army Act, the only procedure which is required to be followed would be under rule 17 of the Army Rules, namely, a person who is sought to be dismissed or removed from service has been informed of the particulars of the cause of action against him and allowed reasonable time to state in writing any reasons

SUPREME COURT OF INDIA DIVISION BENCH SANJAY MARUTIRAO PATIL — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao and M.R. Shah, JJ. )…

Liberal Approach In Granting Bail In NDPS Uncalled For, Says SC HELD “Underlying object of Section 37 is that in addition to the limitations provided under the CrPC, or any other law for the time being in force, regulating the grant of bail, its liberal approach in the matter of bail under the NDPS Act is indeed uncalled for.”

Liberal Approach In Granting Bail In NDPS Uncalled For, Says SC [Read Judgment] Ashok Kini 24 Jan 2020 5:39 PM “The jurisdiction of the Court to grant bail is circumscribed…

Service Matters

Service Law – Appointment of Vice­Principal – it is seen that Clause 4(4) of Ordinance XVIII would indicate that the prior approval from the University is required to be taken. However, the tabular form extracted and taken note by the Division Bench in para 6 of the order would indicate that on most of the occasions the approval has been granted post facto -It is no doubt true that when a procedure is contemplated the same is required to be followed. However, in the present fact the very manner in which the appellants have proceeded to deny the benefit to the respondent would indicate that the action is not bonafide

SUPREME COURT OF INDIA DIVISION BENCH GOVERNING BODY SWAMI SHRADDHANAND COLLEGE — Appellant Vs. AMAR NATH JHA AND ANOTHER — Respondent ( Before : R. Banumathi and A.S. Bopanna, JJ.…

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