Supreme Court
‘Alleged offence was repeated thrice in the same manner, when woman willingly accompanied accused to hotel room’: SC quashes rape case against 22-year-old man
“There was no promise of marriage to coerce consent from the complainant for sexual intercourse.”
Supreme Court orders Uttarakhand Govt. to pay Rs. 1 crore to family of doctor killed on duty after 9 years of legal battle
“Prima facie, even after the proposal to pay Rs. 50 lakhs to the family of the deceased were approved by the Chief Secretary, this decision has not been honored, and the family has been engaged in litigation for over nine years.”
‘Mere presence at the spot, or arrest therefrom, not sufficient to prove that they were part of unlawful assembly’; SC acquits 6 in 2002 Gujarat Riots Case
“In cases of group clashes where a large number of persons are involved, an onerous duty is cast upon the Courts to ensure that no innocent bystander is convicted and deprived of his liberty.”
Read why SC refused bail to retired IAS Pradeep Nirankarnath Sharma in illegal land allotment case
The Court also refused to issue a blanket direction restraining the registration of FIRs against him or mandating a preliminary inquiry in all future cases involving him, opining that such a direction would not only be contrary to the statutory framework of the CrPC but would also amount to judicial overreach.
Supreme Court advocates direct bank transfer of compensation to streamline motor accident claims process
“Our country has done wonders in digital payment transactions. It is a matter of common knowledge that now under various schemes of the Government, funds are transferred to the beneficiaries directly in their bank accounts. As per the rough estimate, about 80% of the adult population in the country have bank accounts.”
CJI constitutes 3-member committee to inquire cash-in-house row; Justice Yashwant Varma signals conspiracy to frame and malign him
Chief Justice of Delhi High Court Devendra Kumar Upadhyaya has been directed to not assign any judicial work to Justice Yashwant Varma.
1990 Kashmir University VC murder case | Supreme Court upholds acquittal of six accused due to procedural lapses in TADA confessions
“In this case, the procedural safeguards were completely disregarded. The Special Court refrained from explicitly stating or declaring that this amounted to an abuse of power and authority. It was indeed a sad reflection on how the investigation and trial unfolded, where truth and justice, for both the victims and the accused, remained elusive. It was not without reason that such draconian provisions have since been repealed”
Supreme Court initiates enquiry against Delhi HC Judge Yashwant Varma over alleged cash-in-house row
Reports suggest that the cash was found when a fire brigade reached Justice Varma’s residence to douse a fire. Allegedly Justice Varma was not at his residence then.
‘Accused and victim now happily married, continuing prosecution would cause unnecessary harassment to them and their children’; SC quashes POCSO proceedings
Supreme Court said that the High Court overlooked the fact that the Trial Court could not have recorded the settlement, and this was a suitable case for the High Court to exercise its jurisdiction under Section 482 CrPC to quash the proceedings. As a result, the parties were unnecessarily compelled to approach this Court.
Litigation, Integrity, and the Future of Law: In conversation with Senior Advocate Malvika Trivedi
Interviewed by Shaleen Bareja
‘Adjudication beyond jurisdiction is void’; Supreme Court sets aside Calcutta HC order for lack of jurisdiction; Stalls appointments pending disposal of WP
Supreme Court, without delving into the merits of the rival claims, set aside the impugned order on the limited ground of lack of jurisdiction and ordered a remand. Consequently, the writ petition was revived and placed back on the file of the High Court.
Only arguing counsel appearing physically and assisting counsel will be recorded in appearance; Senior Advocate shall not appear without AOR: Supreme Court
“A right of an Advocate to appear for a party and to practice in the Courts is coupled with the duty to remain present in the Court at the time of hearing, and to participate and conduct the proceedings diligently, sincerely, honestly and to the best of his ability. Rights and duties are two sides of the same coin, and they are inherently connected with each other.”
Can Section 138 NI Act proceedings be quashed against former director of company, suspended from his position on appointment of IRP? SC answers
The immunity granted by the moratorium order issued under Section 14 of the IBC can only be obtained by a corporate debtor and not by a natural person such as the present accused, who was the Director of the corporate debtor.
Supreme Court sets aside NGT’s order curbing Auroville township expansion due to environmental harm
“There is a need for “Sustainable Development” harmonising and striking a golden balance between the right to development and the right to clean environment”.
Motor Vehicle Accident | SC gives wider interpretation to ‘legal representative’, includes financially dependent father & younger sister while enhancing compensation
A legal representative is one, who suffers on account of death of a person due to a motor vehicle accident and need not necessarily be a wife, husband, parent or child.
‘Funds available in liquidation proceedings cannot be directed for payment of unearned income due to large number of claims’; SC dismisses DDA’s plea in lease matter
The Court also held that the auction purchaser was not entitled to either ownership or leasehold rights in respect of the plot and could not claim to be a lessee as the lease in terms of the lease agreement entered into by the DDA was never executed.
NRJ Series | Leave of court can be granted to determine the liability of a person who claimed to be firm’s partner in execution of decree against firm [(1954) 2 SCC 917]
This report covers the Supreme Court’s Never Reported Judgment on execution of decree against firm dating back to the year 1954.
‘Compassionate appointment policy cannot be misused’; Gujarat HC rejects plea of mother seeking compassionate appointment for major son from LIC
“The only aim or intention of the petitioner was to get a compassionate appointment for her son in one way or the other, i.e., without disclosing the true and correct facts regarding the financial condition of her family.”
Supreme Court sets aside preventive detention order for ignoring bail conditions imposed by Magistrate for the same offence
Supreme Court noted that nothing is stated by the detaining authority as to why the conditions are not sufficient to prevent the detenu from engaging in further activities of smuggling; which was the specific ground on which the conditions were imposed while granting bail.