Rajasthan High Court grants interim bail to Asaram Bapu in 2013 rape case for medical treatment
Asaram Bapu was sentenced to life imprisonment in 2018 for raping a minor girl at his ashram in 2013.
Supreme Court
“Consistent failure of judicial machinery to recognise and act upon plea of juvenility”; SC Directs release of convict after 25 years in prison
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.
NRJ Series | Using company’s name for private purpose by persons in responsible position and having fiduciary capacity calls for sentence more severe than fine| [(1954) 2 SCC 268]
This report covers the Supreme Court’s Never Reported Judgment, on principles for sentencing employees in fiduciary capacity, dating back to the year 1954.
‘Only a defrauded purchaser under sale deed can file cheating case’; SC quashes cheating case against Goa MLA Jit Vinayak Arolkar
“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.”
[Foreigners Act] SC says no to impleading Registration Officer in foreigner’s bail plea; Directs for informing Registration Officer, if bail is granted
“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.”
SC to consider an alleged Hindu fisherman’s case for Indian citizenship and benefit under CAA; stays HC’s decision declaring him as ‘foreigner’, issues notice
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.
Supreme Court discusses Civil Court’s jurisdiction to try suit once an application for partition is entertained by revenue authorities
“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.”
SC stresses on judicial restraint in arbitration matters; sets aside HC’s order granting opportunity for cross-examination despite Arbitral Tribunal’s rejection
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.
3 years or 12 years? Supreme Court clarifies the period of limitation to regain title and recover possession of suit property by setting aside the sale deed
“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.”
Section 319 CrPC | Person can be summoned to face trial even if police does not name him as an accused in chargesheet: SC
“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.”
SC Collegium recommends appointment of Permanent Judges for Gauhati High Court
The Collegium recommended the names of 2 Additional Judges to be appointed as Permanent Judges.
‘Application of force must be with intent to outrage modesty of woman’; SC quashes proceedings against man for offence under S. 354 and 506 IPC
“For mens rea to be established, something better than vague statements must be produced before the Court.”
CBI doesn’t require State Govt’s consent to register FIR under Central Law against Central Govt employee posted within State: SC reiterates
“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.”
Supreme Court grants interim bail to rape convict Asaram Bapu on medical grounds
The interim bail has been granted till 31-03-2025.
‘Supervisory & judicial review powers vested in HCs demands rigorous scrutiny & judicious application’; SC sets aside HC’s order interdicting CIRP proceedings under IBC
“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 quashes gift deed executed by elderly mother in favor of son due to non-compliance with maintenance obligations under MWPSC Act
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.
‘High Court can quash proceedings using power either under Art. 226 or under S. 482 of CrPC’; SC reiterates while quashing FIR against foreign national
“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.”
Limitation for filing S. 17 application under Arbitration Act, 1940 begins from awareness of award’s availability, not receipt of copy: Supreme Court reaffirms
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.
[MCOCA] SC sets aside bail granted without considering embargo placed by special statute; remands matter to HC for fresh consideration
“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.”
‘Non-mentioning of vital facts of assault or criminal force in FIR/ Complaint, would vitiate cognizance taken by CJM’; SC quashes proceedings under S. 353 & 186 of IPC
“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.”