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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.

Additional Evidence—Criminal Appeal—Filing application for additional evidence at appellate stage cannot always be termed as delaying tactics. Additional Evidence—Criminal Appeal—Due to lapse on the part of appellant and his counsel the document which was a photocopy and was centre point of dispute/allegation could not be proved and accused was convicted—In appeal application for placing on record certified copy of said document ought to be allowed by High Court

2019(1) Law Herald (SC) 370 : 2019 LawHerald.Org 545 IN THE SUPREME COURT OF INDIA Before Honrble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Criminal Appeal No.l48of2019 Brig.…

Civil Procedure Code, 1908, S.96-Appeal–Withdrawal of Appeal-­ Dismissal of appeal “as not pressed”–If the appellant is a juristic entity created under the Act, Appellant Court have to ensure strict compliance of the relevant provisions of the Act under which they have are created coupled with ensuring compliance of relevant provisions of the Code of Civil Procedure for forgoing their right to prosecute the appeal on merits

2019(1) Law Herald (SC) 444 : 2018 LawHerald.Org 2128 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Abhay Manohar Sapre Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal No.…

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