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Criminal Procedure Code, 1973 (CrPC) — Section 374 — Appeal against dismissal of criminal appeal by High Court — Conviction under Section 302 IPC and Section 27 Arms Act — Prosecution case based entirely on circumstantial evidence — No eyewitnesses — Reliability of prosecution witnesses critically examined — Admission by key witness regarding darkness and identification by voice only, materially undermining credibility — Evidence found insufficient to meet standard of proof in criminal law and exclude reasonable hypotheses of innocence — Conviction set aside and appellant acquitted. Penal Code, 1860 (IPC) — Section 294(b) — Conviction for uttering obscene words — Held, mere use of the word “bastard” is not sufficient to constitute obscenity, especially in heated conversations during the modern era — Conviction under Section 294(b) IPC is not sustainable and is liable to be set aside. Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings — Medical negligence — Consent for surgery — Allegation of interpolation in consent form for Orchidectomy — Medical Board’s opinion that Orchidectomy was an appropriate procedure in cases of undescended testicle and that consent should have been obtained — No evidence of interpolation in consent form (different ink or handwriting) — Consent form indicated both Orchidopexy and Orchidectomy as options. Held, continuance of criminal proceedings would be an abuse of process of court and liable to be quashed. Appeals allowed, impugned High Court judgment set aside, and proceedings quashed Extraordinary Jurisdiction of Supreme Court (Article 136) — Equitable relief — Not granted to litigants whose conduct is callous, lackadaisical, and in clear violation of applicable rules and regulations — Commercial decisions of State Government not substituted by court. Constitution of India, 1950 — Article 14 — Public power, allocation of public resources, award of public contracts, execution of public works — State bound to act transparently, fairly, and consistently with equality — Process must withstand objective scrutiny and be free from arbitrariness, favouritism, or undisclosed conflicts of interest — Public confidence in governance requires equality, integrity, and accountability.

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…

Civil Procedure  Code, 1860, S.100–Second Appeal-Substantial question of law-­House Tax-While disposing off the appeal the high court did not decided the questions whether the suit seeking a declaration that the demand of House Tax raised under the Act is maintainable, Matter remanded back to be decided afresh-Haryana Municipal Act, 1973.

(2017) 174 AIC 95 : (2017) AIR(SCW) 1330 : (2017) 3 AIRJharR 321 : (2017) AIR(SC) 1330 : (2017) AllSCR 2127 : (2017) 123 ALR 284 : (2017) 3 AndhLD…

Indian Penal Code, 1860, S.307 and S.34–Attempt to Murder-Common Intention- -Appellant came along with three other person—One of them with the bomb- Accused 4 in coming together with the other four accused and going together with them, and in shouting the words “Kill him” certainly attracted the change under Section 307 read with Section 34 of the code

(2017) 100 ACrC 937 : (2017) 177 AIC 267 : (2017) AIR(SCW) 1415 : (2017) AIR(SC) 1415 : (2017) ALLMR(Cri) 3116 : (2017) 2 ALT(Crl) 69 : (2017) 2 AndhLD(Criminal)…

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