Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
An ‘additional’ access or ‘multiple’ access does not automatically negate the access between the spouses and prove non-access thereof.
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Supreme Court set aside the High Court’s decision quashing the private complaint and concluding that the alleged offences under Sections 193, 199 and 200 of the IPC were such, on which the complaint could have only been filed by the Court following the route under Section 195 read with Section 340 of the CrPC.
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“It will be essential for the Court to carefully assess the evidence presented, in order to determine whether there is sufficient material to establish the intention and knowledge to insult the modesty of the complainant or, whether any act was intended to shock the sense of decency of the complainant being a woman”.
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Given the lack of consensus between the Judges, the Court exercising its power under Article 142 directed the appellant to perform the funeral rites and bury his deceased father at the burial ground at another village.
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On 01-06-1958, the Government of India published a notification in the exercise of powers conferred under Section 3(e) of the Mines and Mineral (Regulations and Development) Act, 1957 by which brick earth was declared a minor mineral within the meaning of the 1957 Act.
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The matter revolved around the respondent questioning the petitioner’s election to Jagaluru Vidhan Sabha Constituency contending that the petitioner did not belong to Scheduled Tribe but belonged to the Other Backward Community.
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“A remark such as asking the deceased to not be alive if she cannot live without marrying her lover will also not gain the status of abetment. There needs to be a positive act that creates an environment where the deceased is pushed to an edge in order to sustain the charge of Section 306 IPC.”
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Tahir Hussain, who was formerly a member of Aam Aadmi Party, has been in custody in connection with 2020 Delhi Riots cases, murder and offences under PMLA.
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The appellant’s case was that the similarly placed employees were promoted as Tracer from the post of Peon. Hence, looking at the discrimination, her case deserved to be considered.
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The Court took note of the conflicting Division Bench decisions regarding whether a writ petition could be entertained against any order/award of the MSEFC, and whether there is complete prohibition on maintainability of the writ petition before the High Court.
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Emphasising that the heritage site must be preserved and if need be, restored, the Court directed the Archaeology Department to prepare a plan for preventing its decay and for its restoring, the same be presented before the Court.
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“While it is true that principles of natural justice supplement, and not supplant, the law, such principles have been declared by the Court to be a constituent feature of Article 14. Validity of any disciplinary action, whenever questioned, has to be tested on the touchstone of Articles 14, 16 and 21 as well as Article 311(2), wherever applicable.”
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“The requirement of law in criminal trials is not to prove the case beyond all doubt but beyond reasonable doubt and such doubt cannot be imaginary, fanciful, trivial or merely a possible doubt but a fair doubt based on reason and common sense.”
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The Court further directed that condition of requirement of enrollment with Delhi Bar Council alone shall not apply in the case of NGT Bar Association.
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Reiterating the call for prison reforms, the Court said that reforms are necessary for creating a better environment and prison culture to ensure the prisoners enjoy their right to dignified life under Article 21 of the Constitution.
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“The stage at which the first suit is, would not be a material consideration in deciding the applicability of the bar under Order II Rule 2. What needs to be looked into is whether the cause of action in both suits is one and the same in substance, and whether the plaintiff is agitating the second suit for claiming a relief that was very well available to him at the time of filing the first suit.”
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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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