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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.

Bar Council of India Act, S.36-B–Advocate–Removal of Name from State Rolls-­ Disciplinary Committee of the State Bar Council cannot continue with the inquiry after expiry of one year from the receipt of the complaint—In present case, order of removing name of an advocate by disciplinary committee of State Bar Council was passed after one year—impugned order set aside.

(2017) 175 AIC 92 : (2017) 124 ALR 214 : (2017) 6 JT 512 : (2017) 2 KerLJ 150 : (2017) 1 LawHerald(SC) 668 : (2017) 3 LJR 686 : (2017) 2 RCR(Civil) 355…

Transfer of Case—Matrimonial Disputes— Where the parties have difficulty and there is no place which is convenient and where one or both the parties make a request for use of video conference, proceedings may be conducted through video conferencing, obviating the needs of the party to appear in person. Administration of Justice—Use of Technology—Every district court must have at least one e-mail ID and notified phone number—A designated officer/ manager to be appointed to respond to emails and phone queries—These steps would take care of the problems of litigants to some extent.

(2017) 174 AIC 103 : (2017) AIR(SCW) 1345 : (2017) 2 AIRJharR 462 : (2017) AIR(SC) 1345 : (2017) AllSCR 900 : (2017) 122 ALR 905 : (2017) 5 ALT…

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