Supreme Court

This column will list all the case briefs on the decisions of the Supreme Court

S. 125(4) on non-compliance of restitution decree
Case BriefsSupreme Court

“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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plea of juvenility
Case BriefsSupreme Court

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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Release of seized truck with heroin
Case BriefsSupreme Court

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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Cheating case against Jit Vinayak Arolkar
Case BriefsSupreme Court

“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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Information to Registration Officer on foreigner's bail
Case BriefsSupreme Court

“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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golden hour motor vehicle accidents
Case BriefsSupreme Court

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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Foreigner under CAA
Case BriefsSupreme Court

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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Jurisdiction of Civil Court in parturition suit
Case BriefsSupreme Court

“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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Judicial interference in arbitration agreement
Case BriefsSupreme Court

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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Limitation for title of property
Case BriefsSupreme Court

“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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Section 174A IPC
Case BriefsSupreme Court

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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Summons under S. 319 CrPC
Case BriefsSupreme Court

“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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State Govt.’s content by CBI
Case BriefsSupreme Court

“The ‘laws’ applicable to the undivided State of Andhra Pradesh would continue to apply to the new States, namely, the State of Telangana and the State of Andhra Pradesh despite the bifurcation of the erstwhile State of Andhra Pradesh till such time they were altered, repealed or amended.”

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CIRP Proceedings under IBC
Case BriefsSupreme Court

“The IBC is a complete code in itself, having sufficient checks and balances, remedial avenues and appeals. Adherence of protocols and procedures maintains legal discipline and preserves the balance between the need for order and the quest for justice.”

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Quash proceedings under Art. 226
Case BriefsSupreme Court

“The High Court could exercise its power of judicial review in criminal matters and it could exercise this power either under Article 226 of the Constitution or under Section 482 of the CrPC to prevent abuse of the process of the Court or to secure the ends of justice. The exercise of that power would depend upon the facts and circumstances of each case.”

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Limitation for filing S. 17 application
Case BriefsSupreme Court

Supreme Court said that allowing a party, already aware of the award, to delay proceedings by insisting on procedural formalities would frustrate the expeditious resolution of disputes, undermining the very purpose of the Arbitration Act.

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Embargo on bail under MCOCA
Case BriefsSupreme Court

“When there is an embargo put in by a specific provision under a special enactment in the matter of grant of bail in respect of offences allegedly committed thereunder, the power to grant bail should necessarily be subject to satisfaction of the conditions mentioned in such specific provision.”

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vital facts in FIR
Case BriefsSupreme Court

“A written complaint by a public servant before the Court takes cognizance is sine qua non, absence of which would vitiate such cognizance being taken for any offence punishable under Section 186 of the IPC.”

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