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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.

Narcotics—Burden of Proof—Mere registration of a case under the Act will not ipso facto shift the burden on to the accused from the very inception. Narcotics—Case Property—Mere fact of a FSL Report being available is no confirmation either of the seizure or that what was seized was contraband, in absence of the production of the seized item in Court as an exhibit.

(2018) 1 AllCrlRulings 14 : (2018) 2 JT 102 : (2018) 1 KerLJ 101 : (2017) 4 LawHerald(SC) 2947 : (2018) 1 RCR(Criminal) 108 : (2017) 6 RecentApexJudgments(RAJ) 339 : (2017) 14 Scale 90…

Custody of Child—Child removed from foreign country and brought to India by one of the parents—Other parent secured custody orders from foreign country—The court in the country in which child is removed was required to consider the question on merits—Decree of foreign courts for custody of child would not be binding.

(2018) 181 AIC 42 : (2018) 1 AllCrlRulings 16 : (2018) AllSCR(Crl) 133 : (2018) 1 BomCR(Cri) 1 : (2018) 1 DMC 42 : (2018) 1 ECrC 218 : (2018)…

Rights of Persons with Disabilities Act, 2016, S.32–Reservation in Educational Institutions-All Government institutions of higher education and other higher education institutions receiving aid from government are mandatorily required to keep at least 5% reservation for persons with disabilities

(2018) 1 AllWC 518 : (2017) 4 LawHerald(SC) 2905 : (2018) 1 OJR 305 : (2017) 14 Scale 496 : (2018) 1 SCT 269 SUPREME COURT OF INDIA DIVISION BENCH DISABLED RIGHTS GROUP —…

Land Acquisition—Lapsing of Proceedings—In section 24(2) of the Act of 2013 in the expression ‘paid’ it is not necessary that the amount should be deposited in court as provided in section 31 (2) of the Act of 1894—Deposit in treasury is a valid tender.

(2018) AIR(SCW) 824 : (2018) AIR(SC) 824 : (2018) 1 LawHerald(SC) 383 : (2018) 2 Scale 1 SUPREME COURT OF INDIA FULL BENCH INDORE DEVELOPMENT AUTHORITY — Appellant Vs. SHAILENDRA (DEAD)THROUGH LRS. — Respondent…

Motor Vehicles Rules, 1989, R.65–State Transport Authority-­ Decision by a multi-member body is to be taken in the meeting of the Committee as per the statutory Rules—There being no such majority provided for taking a decision, the decision by majority has to be accepted as the opinion of the State Transport

(2018) 1 JabLJ 321 : (2018) 2 JT 177 : (2018) 1 LawHerald(SC) 372 : (2018) 2 Scale 199 SUPREME COURT OF INDIA DIVISION BENCH STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY — Appellant…

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