Prachi Bhardwaj, Author at SCC Times

Supreme Court December 2022| Presumption of public servant’s guilt in bribery cases; Rejection of Bilkis Bano’s review plea; Tribal Women’s share in father’s property; and more

“When the daughter belonging to the non-tribal is entitled to the equal share in the property of the father, there is no

Ministers and the freedom to make ‘hurtful’ statements: Supreme Court’s Constitution Bench verdict & Justice Nagarathna’s partial dissent, explained

The issue emerged after SP leader Azam called the unfortunate incident of 2016 gang-rape of a minor and her mother in Uttar Pradesh a “political conspiracy only and nothing else”. V Ramasubramanian, J delivered the verdict for himself and SA Nazeer, AS Bopanna, BR Gavai, JJ, however, BV Nagarathna, J, while agreeing with the reasoning and conclusions arrived at by the majority on certain questions referred, went on to lend a ‘different perspective’ on some issues.

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

Demonetisation Verdict: Breakdown of the majority and minority opinions

While BR Gavai, J has written the majority opinion for himself and SA Nazeer, A.S. Bopanna, V. Ramasubramanian, JJ, to uphold the legality of the 2016 demonetization, BV Nagarathna, J is the lone dissenter who has held that though demonetisation was well-intentioned and well thought of, the manner in which it was carried out was improper and unlawful.

Legal RoundUp Supreme Court Roundups

2022: The year of 1263 judgments; 3 CJIs; and important firsts| An all inclusive Supreme Court roundup

With 1263 judgments delivered; three Chief Justices of India taking turns to lead the judiciary; a number of judges retiring and a

Case Briefs Supreme Court

Person cannot be tried under MCOCA/GUJCOCA once he ceases to indulge in any unlawful act after its coming into force: Supreme Court

The Supreme Court also held that the dictum as laid by this Court in State of Maharashtra v. Shiva alias Shivaji Ramaji Sonawane, (2015) 14 SCC 272 is the correct exposition of law and does not require any relook.

Events/Webinars News

In search for innovative ideas on improving filing & listing system, Supreme Court gears up to organise its first ever ‘Hackathon’

The event, that will be organized under the supervision and guidance of Justice Sanjay Kishan Kaul, will take place on 07.01.2023.

Case Briefs Supreme Court

22-year-old POCSO accused alleges false FIR filed due to property dispute; Supreme Court grants bail

The undertrial prisoner, accused of kidnapping and raping a 16-year-old, has been behind the bars for almost two and a half years.

Watch Now Watch Now

Explained| Supreme Court’s dismissal of Bilkis Bano’s review petition| Legal Updates

Case Briefs Supreme Court

Pre-mature release of Bilkis Bano gangrape convict: Supreme Court’s May 2022 order; the review petition and its dismissal, explained

The petition had sought review of order directing the Gujarat Government to consider the application for pre-mature release of one of the Bilkis Bano Gangrape convicts, under its policy dated 09.07.1992, which was existing at the time of his conviction.

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

In absence of complainant’s direct evidence of bribe, presumption of Public Servant’s guilt can be drawn based on other evidence; holds SC Constitution Bench

The Constitution Bench of SA Nazeer, BR Gavai, AS Bopanna, V Ramasubramanian and BV Nagarathna, JJ has observed that the trial does not abate nor does it result in an order of acquittal of the accused public servant if the complainant turns ‘hostile’, or has died or is unavailable to let in his evidence.

Case Briefs Supreme Court

Justice Bela M Trivedi recuses from hearing Bilkis Bano’s plea

When on August 15, 2022, her rapists walked out of the prison after serving 15 years’ imprisonment based on Gujarat Government’s remission policy, Bilkis Bano found herself “bereft of words” and “numb”. The matter is now before the Supreme Court.

Case Briefs Supreme Court

Supreme Court grants anticipatory bail to a woman accused of Bigamy

The woman has alleged that she has been falsely implicated in a case of bigamy and cheating, on the basis of a clerical mistake committed by the Bank agent who mistakenly entered the name of her business partner as her husband and Nominee.

Case Briefs Supreme Court

Disability adds to discrimination faced by persons from society’s marginalised sections; Courts must award motor accident compensation liberally: SC

Supreme Court observed that the persons from marginalised sections of the society already face severe discrimination due to a lack of social capital, and a new disability more often than not compounds to such discrimination.

Case Briefs Supreme Court

All collegium discussions can’t be in public domain; only final decisions to be uploaded on SC website: SC

In the case at hand, a Right to Information application sought the copies of resolution and decision taken in the Supreme Court Collegium’s meeting dated 12.12.2018 regarding elevation of Chief Justices of Two High Courts. However, the application was rejected as no final decision was taken in the said meeting.

Case Briefs Supreme Court

Unfair to deny tribal women right to equal share in father’s property when same right is available to non-tribal women; SC suggests Centre to amend Hindu Succession Act

The observation came in a case where the Supreme Court had to deny, a woman belonging to Scheduled Tribe, the right of survivorship in her father’s property as Section 2(2) of the Hindu Succession Act specifically excludes the female members of the Scheduled Tribe.

Case Briefs Supreme Court

Refusal to maintain senior citizen not a ground for cancellation of Gift or Release deed in absence of specific condition for providing maintenance: SC

“When a senior citizen parts with his or her property by executing a gift or a release or otherwise in favour of his or her near and dear ones, a condition of looking after the senior citizen is not necessarily attached to it.”

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

Section 319 CrPC power to be exercised before pronouncement of order of sentence or acquittal, as the case may be; SC enumerates 12 guidelines

On 10.05.2019, a division Bench had observed that the question with regard to the actual stage at which the trial is said to have concluded is required to be authoritatively considered since the power under Section 319 of CrPC is extraordinary in nature.

Case Briefs Supreme Court

Third party files PIL against Rajasthan HC’s order quashing FIR accusing Govt school teacher of molesting his student. SC agrees to hear matter but under Article 136

The petitioners have told the Court that though they are not directly affected by Rajasthan High Court’s order, they had approached the Court as the State, which is the Guardian of the interests of the persons living in the State, has chosen not to appeal and if the accused teacher will go unpunished in this case, not only him but other teachers may also commit similar offences with girls in future.

Legal RoundUp Supreme Court Roundups

Supreme Court November 2022| CJI Chandrachud’s to-do list; EWS Quota; Kathua and Chhawla gangrape-murder cases; Rajiv Gandhi assassination case; Never Reported Judgments; and more

This roundup revisits the analyses of Supreme Court’s judgments/orders on constitutionality of EWS Quota and dissent; Juvenility of Kathua gangrape-murder accused; acquittal of all Chhawla gangrape-murder accused; why Rajiv Gandhi assassination convicts were set free, and more. It also covers reports on Justice Chandrachud’s appointment as the 50th CJI and his to-do-list; CJI UU Lalit’s retirement; explainers on important law points; some Never Reported Judgments; and career trajectory and important decision of Justice BR Gavai.

Case Briefs Supreme Court

Section 11B Central Excise Act’s limitation period applicable to claims for rebate of duty under Rule 18 of the Central Excise Rules, 2002: SC

Supreme Court observed that if it is accepted that the period of limitation prescribed under Section 11B of the Act shall not be applicable with respect to claim for rebate of duty as there is no mention of Section 11B of the Act either in Rule 18 or in the notification dated 6.9.2004, then there will not be any period of limitation for making an application for rebate of duty.