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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.
“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.”
Asaram Bapu was sentenced to life imprisonment in 2018 for raping a minor girl at his ashram in 2013.
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.
This report covers the Supreme Court’s Never Reported Judgment, on principles for sentencing employees in fiduciary capacity, dating back to the year 1954.
“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.”
“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.”
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.
“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.”
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.
“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.”
“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.”
The Collegium recommended the names of 2 Additional Judges to be appointed as Permanent Judges.
“For mens rea to be established, something better than vague statements must be produced before the 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.”
The interim bail has been granted till 31-03-2025.
“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.”
Supreme Court reiterated that it is a social obligation for both sons and daughters to maintain their parents when they are unable to do so.
“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.”
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.