Latest Post

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.

Vicarious Liability— Indian Penal Code does not contain any provision for attaching vicarious liability on the part of the Managing Director or the Directors of the Company when the accused is the Company. Quashment—Suit for recovery of huge amount pending —The acts of omission and commission on the part of the bank, if any, by withholding export bills of the bank may give rise to a statutory violation on its part but the respondents were not personally liable therefor.

  2007(4) LAW HERALD (SC) 3149 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 1248…

Service Matters

An employee engaged for the same work, cannot be paid less than another, who performs the same duties and responsibilities-Certainly not, in a welfare state. Such an action besides being demeaning, strikes at the very foundation of human dignity-Any one, who is compelled to work at a lesser wage, does not do so voluntarily-He does so, to provide food and shelter to his family, at the cost of his self respect and dignity, at the cost of his self worth, and at the cost of his integrity

  2016(5) Law Herald (P&H) 3870 (SC): 2016 LawHerald.Org 1911 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 213 OF 2013 State of Punjab & Ors.…

Civil Procedure Code, 1908 (CPC) – Order 1 Rule 10 – Execution of sale deed – Respondent 2 has filed a suit in the Court of Senior Sub-Judge, Jullundur for a declaration that the sale deed allegedly executed by Defendant 1 in favour of Defendant 2 acting as power of attorney of the plaintiff is null and void and consequently the lease deed dated 10-2-1993 is null and void and not binding on the plaintiff

(1998) 8 SCC 466 SUPREME COURT OF INDIA BALDEV SINGH — Appellant Vs. PUNJAB NATIONAL BANK AND OTHERS — Respondent ( Before : A. M. Ahmadii, C.J; Sujata V. Manohar,…

Land Acquisition Act, 1894 – Section 23 – Acquisition of land – Market value, determination of – Small plots – Acquisition of large area – Rates at which small plots sold cannot be a safe criteria. Where large area is the subject matter of acquisition, rate at which small plots are sold cannot be said to be a safe criteria.

  SUPREME COURT OF INDIA LAND ACQUISITION OFFICER — Appellant Vs. NOOKALA RAJAMALLU AND OTHERS — Respondent ( Before : Doraiswamy Raju, J; Arijit Pasayat, J ) Civil Appeal No’s.…

You missed