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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.

High Court gave finding that the Rent Appellate Tribunal allowed the appellant’s (landlady’s) appeal with a casual approach and failed to record any categorical finding on the plea of bona fide need—However, High Court neither remanded the case nor decided the appeal on merits—This approach of the High Court caused prejudice to the appellant (landlady) because there was no factual finding recorded either by the first appellate Court or the High Court on the question of bona fide need—Matter remanded back to Rent Appellate Tribunal

2018(4) Law Herald (SC) 3230 : 2018 LawHerald.org 1797 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No.…

Quashing—Remand of Case—High Court dismissed the petition for quashing without referring to facts of the case with a view to appreciate factual controversy and to appreciates why such grounds are not made out under S.482 Cr.P.C-Matter remanded hack to High Court to be decided afresh—Impugned order set aside

2018(4) Law Herald (SC) 3228 : 2018 LawHerald.Org 1934 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Indu Malhotra Criminal Appeal No.…

Execution of decree—Objections—Revisionary Court is under legal obligation to decide the legality and correctness of the findings recorded by the executing court on its merits rather than remanding it to executing court Execution of Decree—Objections—Revision—Additional evidence by way of documents not to be placed in revision against dismissal of objections by executing court

2018(4) Law Herald (SC) 3205 : 2018 LawHerald.Org 1930 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Mohan M. Shantanagoudar Civil Appeal…

Auction Sale—Deposit of Bid amount—An amount of bid in which the decree holder is a purchaser can be set off—In present case, respondent-corporation is not only auction purchaser but also decree holder, there is no question of deposit of the auction amount as there was no other prospective buyer to offence bid.      

2018(4) Law Herald (SC) 3195 : 2018 LawHerald.Org 1928 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Civil Appeal No. 9651…

Murder–Dying Declaration—Acquittal- -Inconsistencies between dying declarations as recorded by Doctor and as recorded by Executive Magistrate (Tehsildar)–High Court acquitted accused by extending benefit of doubt—Held; when there are two reasonable views and the High Court adopted on possible view then no interference is called for in appeal

2018(4) Law Herald (SC) 3164 : 2018 LawHerald.Org 1924 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Bhanumathi  Hon’ble Mr. Justice Vineet Saran Criminal Appeal No. 1791…

A proper administration of the criminal justice delivery system, therefore requires balancing the rights of the accused and the prosecution, so that the law laid down in Mohan Lal AIR 2018 SC 3853. is not allowed to become a spring board for acquittal in prosecutions prior to the same, irrespective of all other considerations. We therefore hold that all pending criminal prosecutions, trials and appeals prior to the law laid down in Mohan Lal AIR 2018 SC 3853. shall continue to be governed by the individual facts of the case

SUPREME COURT OF INDIA FULL BENCH VARINDER KUMAR — Appellant Vs. STATE OF HIMACHAL PRADESH — Respondent ( Before : Ranjan Gogoi, CJI, Navin Sinha and K.M. Joseph, JJ. )…

Criminal complaints cannot be quashed only on the ground that the allegations made therein appear to be of a civil nature. If the ingredients of the offence alleged against the accused are prima facie made out in the complaint, the criminal proceeding shall not be interdicted.”  “At the initial stage of issuance of process it is not open to the Courts to stifle the proceedings by entering into the merits of the contentions made on behalf of the accused.” If the ingredients of the offence alleged against the accused are prima facie made out in the complaint, the criminal proceeding shall not be interdicted.”

“Criminal complaints cannot be quashed only on the ground that the allegations made therein appear to be of a civil nature. If the ingredients of the offence alleged against the…

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