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.

Held according to the test laid down by a seven Judge Bench in Bangalore Water Supply and Severage Board vs. A Rajappa and Others, (1978)2 SCC 213, the Telecom Department of Union of India is an ‘industry’ within that definition, because it is engaged in a commercial activity and the Department is not engaged in discharging any one of the sovereign functions of the State.

  AIR 1998 SC 656 : (1997) 9 JT 234 : (1997) 7 SCALE 99 : (1997) 8 SCC 767 : (1998) SCC(L&S) 6 : (1997) 5 SCR 212 Supp…

Penal Code, 1860 (IPC) – Section 300 – Murder – Incident of firing – Ocular as well as medical evidence – Oral evidence not found at variance with medical evidence – Prosecution evidence pertaining to assault by fire arms substantially tallied with medical evidence – Inconsistency relating to distance from which gunshots were fired held to be inconsequential

  (2008) 8 JT 411 : (2008) 10 SCALE 536 : (2009) AIRSCW 1752 SUPREME COURT OF INDIA SURAJ SINGH — Appellant Vs. STATE OF U.P. — Respondent ( Before…

Administration of Evacuee Property Act, 1950 – Section – 33, 27, 22, 54-It is not in dispute that no opportunity was granted to displaced person on 10.11.1982 and before passing of the order on 11.11.1982 – There was constructive res judicata, and there is no provision to move after 9 years for transfer of the kothi. It is significant that all previous orders which have relevance were suppressed – All previous orders which have relevance were suppressed – Appeal dismissed.

  (2008) 8 JT 295 : (2008) 10 SCALE 551 : (2008) 12 SCC 306 SUPREME COURT OF INDIA BEHARI KUNJ SAHKARI AVAS SAMITI — Appellant Vs. STATE OF U.P.…

Land Acquisition Act, 1894 – Section – 4(1), 23(1) – Acquisition – Notification under Section 4(1) of the Land Acquisition Act, 1894 (1 of 1894) was published on October 24, 1961 acquiring a large extent of 1669 bighas 18 biswas of land for the planned development of Delhi – It is common knowledge that even in the same village, no two lands command same market value

  (1996) 7 AD 583 : (1996) 9 JT 307 : (1996) 7 SCALE 354 : (1996) 11 SCC 542 : (1996) 6 SCR 231 Supp SUPREME COURT OF INDIA…

You missed