Latest Post

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.
Service Matters

Indian Defence Service of Engineers (Recruitment and Conditions of Service) Rules, 2016 – Rule 12 – Rules not apply to Army Officers – It is categorically laid down in Rule 12 of the IDSE Rules that the Rules shall not apply to Army Officers appointed on a tenure basis as they are governed by the Army Act and the Rules framed thereunder – There is no dispute that the Respondent was appointed on a tenure basis in accordance with the MES Regulations

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. BRIG. BALBIR SINGH (RETD.) — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ.…

Environmental Clearance (EC) for the development of a greenfield International airport at Mopa in Goa – HELD This Court direct the National Environmental Engineering Research Institute to be appointed to oversee compliance with the directions cumulatively issued by this Court – Project proponent shall bear the costs, expenses and fees of NEERI – The suspension on the EC shall accordingly stand lifted – The Miscellaneous Application is accordingly disposed of.

SUPREME COURT OF INDIA DIVISION BENCH HANUMAN LAXMAN AROSKAR — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud and Hemant Gupta, JJ.…

Criminal Procedure Code, 1973 (CrPC) – Section 439 – Special powers of High Court or Court of Session regarding bail HELD Jurisdiction of the Court under Section 439 of the Code is limited to grant or not to grant bail pending trial – Even though the object of the Hon’ble Judge was laudable but the jurisdiction exercised was clearly erroneous

SUPREME COURT OF INDIA DIVISION BENCH STATE REP. BY THE INSPECTOR OF POLICE — Appellant Vs. M. MURUGESAN AND ANOTHERS — Respondent ( Before : L. Nageswara Rao and Hemant…

Service Matters

Service Law – Appointment – Direct recruitment to the posts of Administrative Officer/Assistant Assessor and Collector – Since the selection process has not been completed and keeping in view the mandate of the Statutory Rules – Appellants have no right to dispute the action of the Municipal Bodies to fill up the posts either by way of promotion or by deputation as such posts are being filled up in terms of mandate of the Rules

SUPREME COURT OF INDIA DIVISION BENCH MOHD. RASHID — Appellant Vs. THE DIRECTOR, LOCAL BODIES, NEW SECRETARIAT AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta,…

You missed