Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
Taking strict note of casual resorting of S. 306 IPC, the Court said that conduct of the proposed accused and the deceased, their interactions and conversations preceding the unfortunate death of the deceased should be approached from a practical point of view and not divorced from day-to-day realities of life.
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The husband and wife were married for about one and a half year, and due to continuous quarrels, the wife started living in her parental home along with their 6-month-old daughter at the time of the incident. During this period, the husband committed suicide.
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“Courts should not be places, where basic needs, such as sanitation, are overlooked and neglected. The absence of adequate washroom facilities undermines equality and poses a barrier to the fair administration of justice”.
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There was a feud between two groups of the family which resulted in an armed clash between the groups and culminated in the filing of separate complaints by the respective groups. The High Court set aside the conviction and sentence under Sections 307, 148, and 149 of the IPC but affirmed his conviction under Sections 326, 325, 452, and 323 of the IPC.
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“It is well settled that no word, no phrase and no expression used in a legislation should be excluded as surplusage, while the Courts embark on a course of interpretation.”
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The instant case revolved around proving the execution of a Will, wherein the Court found that evidence presented by the Will’s propounder and scribe, did not inspire confidence.
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“The right to sue under Article 113 of the Limitation Act accrues when there is an accrual of rights asserted in the suit and an unequivocal threat by the defendant to infringe the right asserted by the plaintiff in the suit.”
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The Court said that Section 143 of the Railways Act, 1989 by being completely silent on creation of multiple user IDs, penalises the actions of only the unauthorised agents.
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“It would depend on the facts of the individual case, and it would have to be decided, on the strength of the material and evidence available, whether the wife still had valid and sufficient reason to refuse to live with her husband, despite such a decree. There can be no hard and fast rule in this regard, and it must invariably depend on the distinctive facts and circumstances.”
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The Court explained that when the plea of juvenility was raised, it should have been dealt with under the existing laws at the relevant point of time, especially when there exists a tacit and clear admission as to the age of the Appellant.
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The Court noted that neither the owner of the vehicle nor the driver was arrayed as an accused, and only third-party occupant was arrayed as an accused; and the police after investigation found no trace that the owner allowed his vehicle to transport contraband drugs/ substances with his knowledge or connivance.
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“If a person sells a property knowing that it does not belong to him, and thereby defrauds the person who purchased the property, the person defrauded, that is, the purchaser, may complain that the vendor committed the fraudulent act of cheating. But a third party who is not the purchaser under the deed may not be able to make such complaint.”
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“The power to arrest or detain a foreigner under the Foreigners Act, 1946 is independent of the power of the Criminal Court to grant bail. Notwithstanding the bail granted by a Criminal Court, the power to arrest and detain a foreigner can be exercised, provided the Central Government makes an order in terms of clause (g) of Section 3(2) of the Act.”
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The Court strictly noted that the provision made in Section 162, the MV Act for framing a scheme for providing cashless treatment in the golden hour seeks to uphold and protect the right to life guaranteed by Article 21 of the Constitution. Moreover, it is a statutory obligation of the Central Government to frame the scheme.
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The petitioner’s case was that he is a Hindu and migrated from Bangladesh prior to 31-12-2014, hence, entitled to have the benefit of Citizenship Amendment Act, 2019 passed by the Parliament and cannot be treated as illegal migrant.
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“Regarding immovable properties (other than agricultural lands paying land revenue) – such as buildings, plots etc. or movable properties — where the Court can conveniently and without further enquiry make the division without the assistance of any Commissioner, or where parties agree upon the manner of division, the Court will pass a composite decree comprising the preliminary decree declaring the rights of several parties and also a final decree dividing the suit properties by metes and bounds, in one judgment.”
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The Court examined the question that whether the High Court correctly exercised its supervisory jurisdiction under Article 227 in granting the respondent one more opportunity to cross-examine the appellant’s witness, despite the Arbitral Tribunal rejected such a prayer.
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“When the suit is based on the title for possession, once the title is established on the basis of relevant documents and other evidence unless the defendant proves adverse possession for the prescriptive period, the plaintiff cannot be non-suited.”
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Supreme Court answered in affirmative that if the status under Section 82 CrPC is nullified i.e., the person subjected to such a proclamation, by virtue of subsequent developments is no longer required to be presented before a Court of law. Then, the prosecution still proceeds against such a person for having not appeared before a Court during the time that the process was in effect.
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“The Trial Court can take such a step to add such persons as accused only on the basis of evidence adduced before it and not on the basis of materials available in the chargesheet or the case diary, because such materials contained in the chargesheet, or the case diary do not constitute evidence.”
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