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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.

Penal Code, 1860 (IPC) – Sections 302/34 and 201/34 – Murder – Common intention – Conviction – Conviction based solely on evidence of Approver – No material to show that appellant had any common intention to eliminate deceased who was a physically disabled – Only adverse thing against appellant is that he used to associate with accused for smoking Ganja – In absence of common intention convicting appellant with aid of Section 34 IPC cannot be sustained – Appeal allowed.

  (2012) 4 JCC 2745 : (2012) 9 JT 116 : (2012) 9 SCALE 245 : (2012) 9 SCC 249 SUPREME COURT OF INDIA SURESH SAKHARAM NANGARE — Appellant Vs.…

Constitution of India, 1950 – Article – 226 – Land Acquisition Act, 1894 – Section – 4(1), 5-A – Notification – A notification under Section 4(1) of the Land Acquisition Act was published – There was no justification to dispense with the enquiry under Section 5-A and public purpose would have been served by allowing the claimants to submit their objections

  (1996) 81 CLT 161 : (1995) 6 JT 624 : (1995) 5 SCALE 188 : (1995) 5 SCC 583 : (1995) 3 SCR 139 Supp : (1995) 2 UJ…

Service Matters

Legal assistance – Disciplinary proceedings – Assistance of legal practitioner – Assistance of legal practitioner barred under the Regulations – Only Govt. employee allowed to assist the delinquent – High Court directing the authority to allow assistance of retired employee – Though he is not a legal practitioner who is prohibited to appear to assist the delinquent, it amounts to permitting the retired employee to have regular practice

  AIR 1997 SC 2982 : (1997) 6 JT 447 : (1997) 2 LLJ 825 : (1997) 5 SCALE 14 : (1997) 6 SCC 380 : (1997) SCC(L&S) 1473 :…

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