2023 SCC Vol. 5 Part 3
Arbitration and Conciliation Act, 1996 — S. 29-A (as amended w.e.f. 30-8-2019) — Time-limit for making award: Time-limit stipulated in this section,
Penal Code
Honour Killing | Supreme Court commutes death sentence of man who killed newly married sister and her paramour
“It is well-settled law that awarding of life sentence is a rule and death is an exception. The application of the rarest of rare case principle is dependent upon and differs from case to case.”
Objectionable Facebook comments against Lord Shiva: Allahabad High Court refuses to quash proceedings
Allahabad High Court said that offences of the kind that have a tendency to promote hatred between classes of people or communities, have to be put down with a heavy hand. These offences cannot be permitted to flourish in society by adopting a soft-pedalling approach at the cost of widespread damage to the community.
[Aarey Car Shed Project] Sending text messages to IAS officer regarding preservation of trees does not constitute offence under S. 186 IPC| Bombay High Court
The accused had pleaded with IAS officer Smt. Ashwini Bhide to look for alternatives so that the trees in the Aarey Forest area, which he has stated to be about 3,500 in number, can be saved during the construction of a car-shed on the same land.
28 years later, Supreme Court sets aside death penalty of man, after finding him juvenile during the commission of multiple murders
Supreme Court said that the degree or dimension of the offence should not be the direct approach of the Court in its inquiry into juvenility of an accused or convict.
For proving threat under S. 364-A IPC, intimidation of kidnapped victim, for the purpose of making him silent, cannot be enough.: SC
Supreme Court said that if the sentence carrying a maximum sentence of death and a minimum sentence of life sentence has such low evidentiary threshold, the difference between punishments for kidnapping under 363, 364 and 364-A shall become meaningless.
Allahabad High Court suspends one-year sentence of UP Cabinet Minister Nand Gopal Gupta in a 9-Year-old assault case
Allahabad High Court released Nandi on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned, subject to deposition of fine
Offences under POCSO are not compoundable; Allahabad HC declines quashing the proceedings based on compromise between parties
Allahabad High Court said that the purpose is not to persecute the accused, nor is it to let him off because his relations with the complainant has taken a happier turn, as an offence of rape or one under POCSO is an offence against the society.
“Age of Consent” Under the POCSO Act
by Maharukh Adenwalla† and Prakriti Shah‡
Entry of authorised Bank employee in secured property premises for taking possession doesn’t fall under “House Trespass”: Calcutta High Court
While quashing the impugned criminal proceeding against the petitioners, the Court held that a defaulter borrower holds the secured asset only in trust or symbolic possession and even if the petitioners have entered the said property, the same cannot be marked out as trespassers in other’s’ property.
Bombay High Court directs State to pay Rs 25000 to a Congress worker for his unjustified arrest
Cases under Section 153A are on the rise and the onus is on the police/State to ensure that the said provision is not misused by anyone, much less, political parties.
Who is competent to lodge FIR as per S.4 of U.P. Prohibition of Unlawful Conversion of Religion Act?: Allahabad High Court explains
Allahabad High Court said that the impugned FIR has been lodged by the person who claims to be a victim of conversion obtained by misrepresentation, coercion and allurement, and as per Section 4(e) is the person competent to lodge the FIR.
2023 SCC Vol. 2 Part 2
Constitution of India — Art. 14 — Right to equality — Reasonable accommodation of disabled or differently-abled persons — Requirement of: There
Allahabad High Court quashes criminal proceedings against Senior Advocate Salman Khurshid for uttering offending sentence against Yogi Adityanath
Allahabad High Court said that as Salman Khurshid has regretted his offending comment, thus the continuation of the impugned proceedings against him would not be justified
Supreme Court grants bail to murder accused in custody for more than 14 months
In a case of Cross FIRs relating to murder and attempt to murder, the Supreme Court has granted bail to the main accused in the murder case
The Emerging Dimensions of Medical Termination of Pregnancy Act, 1971
by Sanjay Vashishtha†
Cite as: 2023 SCC OnLine Blog Exp 10
Supreme Court grants anticipatory bail to 85% disabled accused in cheating case
Supreme Court in a case pertaining to allegations of cheating and criminal breach of trust, held that the accused is entitled for anticipatory bail, and directed the Investigating Agency to follow the procedure prescribed under CrPC for investigation against the disabled person
Delhi High Court grants bail to Chitra Ramakrishna former MD NSE being accused of active involvement in illegal interception of telephone calls of NSE employees
In the present case there is no allegation that the Applicant has derived or obtained any property or proceeds of crime. Additionally, there is no allegation or evidence produced to suggest that the Applicant has concealed, possessed, used, projected or claimed any proceeds of crime as untainted property.