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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.

Election Petition–An election petition must clearly and unambiguously set out all the material facts which the appellant is to rely upon during the trial, and it must reveal a clear and complete picture of the circumstances and should disclose a definite cause of action. Electoral Roll–Once an electoral roll is published, it becomes the final electoral roll of the constituency.

2010(1) LAW HERALD (SC)  42 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice D.K. Jain The Hon’ble Mr. Justice H.L. Dattu Civil Appeal No. 4201 of 2008…

Criminal Procedure Code, 1973, S 482–Prevention of Cruelty to Animals Act, 1960 , S. 11(1)(d)–Bombay Animal Preservation Act, 1954, S. 5, 6 and 8–Cruelty to Animals-Quashing Of FIR–Illegal and unauthorized transportation and slaughtering of animals–High Court arrived at a pre-mature conclusion that no offences under Section 279 IPC and under Sections 5, 6 and 8 of the Bombay Animal Preservation Act, 1954 were made out against the accused and quashed the criminal proceedings–Such a relief to the accused, who had not approached the High Court for quashing the FIR, could not have been granted in a petition filed by the owners of goats and sheep seeking custody of the live stock notwithstanding wide amplitude of power available under Article 226 of the Constitution–Order of HC , set aside.               

2010(1) LAW HERALD (SC)  33 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Harjit Singh Bedi The Hon’ble Mr. Justice J.M. Panchal Criminal Appeal No. 2020 of…

Unprotected worker–Definition of–Every worker, who is doing manual work and is engaged or to be engaged in any scheduled employment, would be covered by that definition and would become an unprotected worker–Merely because some workmen are manual workers and not casual workers, that by itself, would not make any difference.

2010(1) LAW HERALD (SC) 1 IN THE SUPREME COURT OF INDIA Before  The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice V.S.Sirpurkar Civil Appeal No. 8452 of 2009 [Arising…

Attempt to Murder—Improvement in Statement—In FIR complainant stated, shot was fired by unknown person but before court he stated that he recognised appellant as person who fired shot as he was known to him earlier—Appellant acquitted.

2018(3) Law Herald (SC) 2590 : 2018 LawHerald.Org 1601 IN THE SUPREME COURT OF INDIA                                              Before Hon’ble Mr. Justice Ranjan Gogoi Hon’ble Mr. Justice Navin Sinha Criminal Appeal No.…

Food Safety and Standards Act, 2006, S.30–Prohibition on sale of Tobacco–FIR for transportation and sale of Gutka/Pan Masala-Two questions were framed by High Court for consideration- Whether the Food Safety Officers can lodge complaints for offences punishable under the IPC? Whether the acts complained amounted to any offence punishable under the provisions of the IPC? Since all the submissions were not raised before High Court—Matter remanded back with liberty to parties to raise detailed submissions-Directions issued that no coercive action should be taken by police during pendency of matter before High Court—Indian Penal Code, 1860, S.272 & S.328.

2018(3) Law Herald (SC) 2587 : 2018 LawHerald.Org 1600 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice S.A. Bobde Hon’ble Mr. Justice L. Nageswara Rao Criminal Appeal No.…

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