HEADLINES
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Supreme Court raises concerns with Senior Advocate designation process; Refers matter to CJI
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AgustaWestland Chopper Scam| Supreme Court grants bail to alleged middleman Christian Michel
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NEET-PG 2024 | Supreme Court dismisses plea for cancellation of AIQ Counselling Round-3
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Supreme Court transfers all petitions challenging CLAT 2025 results to Delhi High Court
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SC pulls up Assam Govt. for not deporting foreign nationals on ground of not knowing their addresses
ACQUITTAL
‘Extra-judicial confession lacked credibility and evidence suffered from material contradiction’; Murder convict acquitted even after strong suspicion
In a criminal appeal against the Bombay High Court’s decision, whereby the Trial Court’s decision convicting the accused under Section 302 of the Penal Code, 1860 (‘IPC’) and sentenced to undergo rigorous imprisonment for life and pay a fine of Rs. 1,000/-, was affirmed, the Division Bench Abhay S. Oka and Ujjal Bhuyan*, JJ. allowed the appeal holding that the evidence on the basis of which the prosecution sought conviction of the accused i.e. extra-judicial confession made before the witnesses, lacked credibility. The Court also added that the evidence suffered from material contradiction. Thus, the Court quashed the High Court’s decision affirming the Trial Court’s view. Read more here
Man acquitted in 12-year-old murder case upon finding glaring defects in recovery of weapons and preparation of seizure memos
In a criminal appeal against Chhattisgarh High Court’s decision, whereby the appellant’s-accused appeal was dismissed and the Trial Court’s decision convicting the accused for offences under Sections 302 and 201 of the Penal Code, 1860 (‘IPC’) was affirmed, the Division Bench of Sanjay Karol and Manmohan*, JJ. allowed the appeal upon finding inconsistencies in the witness statements and glaring defects in the recoveries made by the police pursuant to the alleged disclosure made by the accused. Accordingly, the impugned judgments and the conviction of the accused under Sections 302 and 201 of IPC were hereby set aside. Read more here
Man accused of kidnapping & killing 16-year-old alleged girlfriend acquitted after 21 years of legal battle
In a criminal appeal against the Gauhati High Court’s decision, whereby, the criminal appeal against the Trial Court’s decision convicting the accused under Sections 366(A)/302/201/34 of the Penal Code, 1860 (‘IPC’), was dismissed, the Division Bench of Abhay S. Oka and Ujjal Bhuyan*, JJ. allowed the appeal and set aside the impugned decision considering that none of the circumstances put forth by the prosecution to prove the guilt of the convict were proved. The complete chain of circumstances, to dispel any hypothesis of innocence of the convict was also incomplete. Read more here
ALIMONY/ MAINTENANCE
Can spouse of void marriage under S. 11 of HMA claim permanent alimony or maintenance under S. 25?
In a set of two civil appeals wherein reference was made to a Larger Bench to deal with conflicting views on the applicability of Sections 24 and 25 of the Hindu Marriage Act, 1955, (‘1955 Act’) whether alimony can be granted where marriage has been declared void, the Three Judge Bench of Abhay S. Oka*, Ahsanuddin Amanullah and Augustine George Masih, JJ. answered the issue in the affirmative. The Court held- A spouse whose marriage has been declared void under Section 11 of the 1955 Act is entitled to seek permanent alimony or maintenance from the other spouse by invoking Section 25 of the 1955 Act. The grant of relief of permanent alimony can be granted or not always depends on the facts of each case and the conduct of the parties, as it is always discretionary. Even if a Court comes to a prima facie conclusion that the marriage between the parties is void or voidable, pending the final disposal of the proceeding under the 1955 Act, the Court is not precluded from granting maintenance pendente lite provided the conditions mentioned in Section 24 are satisfied. Read more here
BAIL
‘If accused gets verdict after 6-7 years in jail as undertrial prisoner, right to speedy trial under Art. 21 is infringed’; SC grants bail to UAPA accused
In a criminal appeal against Chhattisgarh High Court’s decision, whereby, the High Court dismissed the appeal filed by the appellant-accused and declined to release him on bail for the offence punishable under Sections 10, 13, 17, 38(1)(2), 40, 22-A and 22-C of the Unlawful Activities Prevention Act, 1967 (‘UAPA’), Sections 8(2), (3) and (5) of the Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005 and Sections 120-B, 201 and 149 read with Section 34 of the Penal Code, 1860 (‘IPC’), the Division Bench of JB Pardiwala and R. Mahadevan, JJ. allowed the appeal and set aside the impugned decisions considering the period of 5 years the accused had spent as an undertrial prisoner and directed to release him on bail forthwith subject to terms and conditions as may be imposed by the Trial Court. Read more here
Courts having jurisdiction to grant bail/pre-arrest bail not expected to act as recovery agents
While considering the instant appeal against the impugned order of Bombay High Court wherein the Court had dismissed the appellant’s application against cancellation of his bail on ground of default in paying Rs 40,00,000; the Division Bench of Dipankar Datta and Manmohan, JJ., relying on Ramesh Kumar v. State (NCT of Delhi), (2023) 7 SCC 461; St. George Dsouza v. State (NCT of Delhi), 2023 SCC OnLine SC 1940 and Dilip Singh v. State of MP, (2021) 2 SCC 779; reiterated that the courts exercising jurisdiction to grant bail/pre-arrest bail, are not expected to act as recovery agents for realization of dues of the complainant from the accused. Read more here
CHILD WITNESS
‘Evidence Act does not prescribe any minimum age for a witness’; Principles on appreciation of testimony of a child witness, elucidated
While considering the instant appeal challenging the accused husband’s acquittal in the case concerning his wife’s death under mysterious circumstances 22 years ago (2003); the Division Bench of J.B. Pardiwala* and Manoj Misra, JJ., upon perusing the facts of the case, found that the circumstances in the case constitute more than a prima facie case to enable the prosecution to invoke Section 106 of the Evidence Act and shift the burden on the accused husband to explain what had happened on the day & date his wife died. The Court opined that the prosecution duly established the foundational facts, thereby justifying the invocation of Section 106, Evidence Act. The Court while determining the matter, reiterated the foundational principles regarding testimony of a child witness and convictions based on circumstantial evidence. Hence, the accused husband’s acquittal was set aside and his conviction and sentence by the Trial Court was restored. Read more here
CONSUMER PROTECTION
One-sided Developer-Buyer Agreement; SC refuses to interfere in NCDRC’s order to refund amount in excess of 10% of BSP
While deliberating over an appeal revolving around cancellation of booking of a flat by the buyer on account of recession in the markets; the Division Bench of B.R. Gavai* and S.V. N. Bhatti, JJ., after perusing the terms of the developer-buyer agreement in the instant case, pointed out that the agreement is one-sided favouring the developer. Relying on relevant precedents, definition of ‘unfair trade practice’ in Consumer Protection Act, 1986 and definition of ‘unfair contract’ in Consumer Protection Act, 2019, the Court reiterated that one-sided Agreements, as in the present case, would be covered by the definition of term “unfair trade practice”. Read more here
CONVICTION
‘S. 106 exists to resolve situations where prosecution can’t lead direct evidence’; Key principles of Section 106 Evidence Act, elaborated
While considering the instant appeal challenging the accused husband’s acquittal in the case concerning his wife’s death under mysterious circumstances 22 years ago (2003); the Division Bench of J.B. Pardiwala* and Manoj Misra, JJ., upon perusing the facts of the case, found that the circumstances in the case constitute more than a prima facie case to enable the prosecution to invoke Section 106 of the Evidence Act and shift the burden on the accused husband to explain what had happened on the day & date his wife died. The Court opined that the prosecution duly established the foundational facts, thereby justifying the invocation of Section 106, Evidence Act. The Court while determining the matter, reiterated the foundational principles regarding testimony of a child witness and convictions based on circumstantial evidence. Hence, the accused husband’s acquittal was set aside and his conviction and sentence by the Trial Court was restored. Read more here
Dubious conduct & suspicious circumstances of death; Conviction of husband charged with wife’s murder 22 yrs ago, restored
While considering the instant appeal challenging the accused husband’s acquittal in the case concerning his wife’s death under mysterious circumstances 22 years ago (2003); the Division Bench of J.B. Pardiwala* and Manoj Misra, JJ., upon perusing the facts of the case, found that the circumstances in the case constitute more than a prima facie case to enable the prosecution to invoke Section 106 of the Evidence Act and shift the burden on the accused husband to explain what had happened on the day & date his wife died. The Court opined that the prosecution duly established the foundational facts, thereby justifying the invocation of Section 106, Evidence Act. The Court while determining the matter, reiterated the foundational principles regarding testimony of a child witness and convictions based on circumstantial evidence. Hence, the accused husband’s acquittal was set aside and his conviction and sentence by the Trial Court was restored. Read more here
CIVIL PROCEDURE
Transferee pendente lite not entitled to come on record as a matter of right; impleadment will depend on nature of suit
While considering the instant appeals dealing with issues of condonation of delay and specific performance of contract, the Division Bench of J.B. Pardiwala* and R. Mahadevan, JJ., held that for the purpose of impleading a transferee pendente lite, the facts and circumstances should be gone into and basing on the necessary facts, the Court can permit such a party to come on record, either under Order I Rule 10 CPC or under Order XXII Rule 10 CPC, as a general principle. The Court further held that transferee pendente lite is not entitled to come on record as a matter of right; and there is no absolute rule that such a transferee pendente lite, with the leave of the Court should, in all cases, be allowed to come on record as a party. Furthermore, the impleadment of a transferee pendente lite would depend upon the nature of the suit and appreciation of the material available on record. Read more here
Coram wise pending cases
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Civil |
Criminal |
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3 Judges |
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5 Judges |
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7 Judges |
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9 Judges |
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Figures shown in the bracket includes main and connected matters
DRUGS AND COSMETICS
Term ‘manufacture’ in S. 3 of Drugs and Cosmetics Act excludes dispensing and packing of drug in ordinary course of retail business
While considering the instant appeal challenging the decision of Andhra Pradesh High Court refusing to quash the complaint against the appellants for allegedly selling Nitrous Oxide I.P. to an unlicensed firm; the Division Bench of B.R Gavai* and Augustine George Masih, JJ., held that term ‘manufacture’ in Section 3 of Drugs and Cosmetics Act, 1940 is an inclusive term and has a wide scope. It includes any process or part of a process for making, altering, ornamenting, finishing, packing, labelling, breaking up or otherwise treating or adopting any drug or cosmetic with a view to its sale or distribution. The definition excludes the compounding or dispensing of any drug, or the packing of any drug or cosmetic, in the ordinary course of retail business. Read more here
EDUCATION LAW
‘Futile to withhold results’; Declaration of AYUSH Students’ results who were admitted without NEET-UG
In a special leave petition by undergraduate AYUSH courses students dealing with the question of whether the petitioners were eligible for admission on the basis of selection made by the college concerned based on merit since the petitioners did not appear in the NEET UG-2019 examination, the Division Bench of Sudhanshu Dhulia and K. Vinod Chandran, JJ. the Court at the outset stated that the petitioners had completed their AYUSH course for which they were granted admission, hence, it was futile to withhold their results vide Court’s previous order dated 19-04-2021. Read more here
ENVIRONMENTAL LAW
Guidelines, issued; State and polluters to compensate affected persons over pollution by Tanneries in Vellore District
Supreme Court: While considering the instant appeals revolving around environmental consequences and the loss of life and health caused by the waste generated by tanneries; the Division Bench of J.B. Pardiwala and R. Mahadevan*, JJ., after a detailed analysis, concluded that tanneries are among the most polluting industries and the damage caused by them by discharging untreated or partially treated effluents into the River Palar and surrounding areas, has resulted in irreversible damage to the water bodies, groundwater, and agricultural lands. This environmental degradation has impoverished local farmers and has caused immense suffering to the local residents and the tannery workers, thereby endangering public health and life. Read more here
FREEDOM OF SPEECH
Media persons particularly individuals in key positions must exercise utmost caution before publishing any statements, news
While considering the instant appeal challenging Karnataka High Court’s decision to dismiss the appellant’s petitions against initiation of criminal proceedings under Section 499 and 500 of Penal Code, 1860 by the Trial Court; the Division Bench of J.B. Pardiwala and R. Mahadevan*, JJ., allowed the appeals and set aside the High Court’s order as well as summons issued against the appellant. However, the Court reiterated its emphasis on the right to freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution being paramount. The Court said that those working in the media, particularly, individuals in key positions, authors, etc., must exercise utmost caution and responsibility before publishing any statements, news, or opinions. Read more here
INCOME TAX
Whether offence under S. 276CC of IT Act 1961 committed before show-cause notice is compoundable as ‘first offence’
In a civil appeal against Gujarat High Court’s decision, whereby the order of Chief Commissioner of Income Tax, Vadodara (CIT) was upheld and application preferred by the appellant-assessee for compounding of the offence under Section 276-CC of the Income Tax Act, 1961 (‘the Act’) was dismissed, the Division Bench of JB Pardiwala* and Sanjay Karol, JJ. held that the High Court erred in rejecting the assessee’s application for compounding. The Court held that the offence alleged under Section 276-CC of the Act for the AY 2013-14 was covered by the expression “first offence” as defined under the 2014 guidelines and thus the compounding application preferred by the assessee could not have been rejected by the CIT on this ground alone. Hence, the Court set aside the impugned decision along with CIT’s order. Read more here
MOTOR VEHICLE
State Transport Authority possesses power to delegate its functions under Section 68(5) of MV Act
While considering the instant appeals the Court had to determine the following issues: 1. Constitutional validity of the Karnataka Motor Vehicles Taxation and Certain Other Law (Amendment) Act, 2003 (2003 Repeal Act) repealing the Karnataka Contract Carriages (Acquisition) Act, 1976 (KCCA Act), particularly given that the 1976 Act had earlier been upheld by the Supreme Court.
2. Whether, under Section 68(5) of the Motor Vehicles Act, 1988 (MV Act), read with Rule 56 of the KMV Rules, the State Transport Authority (STA) and Regional Transport Authorities (RTAs) can lawfully delegate the power to grant contract carriage permits (and related permits) to the Secretary, or whether such power must remain with the multi-member authorities due to its quasi-judicial character.
The Division Bench of Vikram Nath* and Prasanna B. Varale, JJ., upheld the constitutional validity of the 2003 Repeal Act. The Court further held that STA possesses the power to delegate its functions under Section 68(5) of the MV Act, as expressly provided by the statute and further clarified by Rule 56(1)(d) of the KMV Rules. Read more here
PERSONAL LIBERTY
State of Haryana to issue guidelines to ensure that accused persons aren’t handcuffed and chained to hospital beds
While considering the instant appeal concerning violation of appellant’s right under Article 22(1) of the Constitution as he was not informed of the grounds for his arrest; the Division Bench of Abhay S. Oka and N. Kotiswar Singh**, JJ., taking note of the facts of the case, found that the grounds of arrest were not communicated to the appellant as mandated by Article 22(1), therefore, the appellant’s arrest was rendered illegal. Read more here
PMLA
Stay on Allahabad HC decision directing PMLA Special Court to consider claim in alleged disregard of Rule 3A PMLA Rules, 2016
While considering a challenge to the interim order of Allahabad High Court in Prakash Chandra Tiwari v. Union of India1 for alleged disregard of Rule 3A of the Prevention of Money Laundering (Restoration of Property) Rules, 2016; the Division Bench of M.M. Sundresh and Rajesh Bindal, JJ., put a stay on the impugned decision of the High Court. Read more here
Cryptic orders while granting bail in money laundering cases without considering Section 45 PMLA mandate can’t be vindicated
While considering the instant appeal challenging the legality of Patna High Court’s decision of releasing the respondent, who was accused of money laundering, on bail; the Division Bench of Bela M. Trivedi* and Prasanna B. Varale, JJ., took note of the cavalier manner in which the High Court granted bail to the respondent without considering the mandatory rigours of Section 45 of the PMLA, and emphasised that the offence of money laundering has been regarded as an aggravated form of crime world over and the offenders involved in the activity connected with the Proceeds of Crime are treated as a separate class from ordinary criminals. Any casual or cursory approach by the Courts while considering the bail application of the offender involved in the offence of money laundering and granting him bail by passing cryptic orders without considering the seriousness of the crime and without considering the rigours of Section 45, cannot be vindicated. Read more here
PREMATURE RELEASE
Appropriate Govt. obligated to consider cases of eligible convicts for grant of premature release where such policy exists
While considering the instant suo motu petition revolving around the power of the appropriate Government to remit the whole or a part of the sentence of the convicts; the Division Bench of Abhay S. Oka* and Ujjal Bhuyan, JJ., concluded the following:
1. Where there is a policy of the appropriate Government laying down guidelines for consideration of the grant of premature release under Section 432 of the CrPC1, it is the obligation of the appropriate Government to consider cases of all convicts for grant of premature release as and when they become eligible for consideration in terms of the policy. In such a case, it is not necessary for the convict or his relatives to make a specific application for grant of permanent remission.
2. In accordance with the afore-said conclusion, the District Legal Services Authorities (DLSAs) shall endeavour to implement NALSA SOP in its true letter and spirit. Furthermore, the DLSAs shall maintain the relevant date of the convicts and as and when they become eligible to a consideration for grant of premature release. The State Legal Services Authorities shall endeavour to create a portal on which the data as aforesaid can be uploaded on real time basis.
3. The Court also directed those States and Union Territories that do not have a policy dealing with the grant of remission in terms of Section 432 of the CrPC to formulate a policy within two months from 18-2-2025.
4. The Court further concluded that Appropriate Government has the power to incorporate suitable conditions in an order granting permanent remission. The conditions must aim at ensuring that the criminal tendencies, if any, of the convict remain in check and that the convict rehabilitates himself in the society. The conditions should not be so oppressive or stringent that the convict is not able to take advantage of the order granting permanent remission. The conditions cannot be vague and should be capable of being performed. Read more here
PwD RIGHTS
‘All disabled candidates eligible for scribe’; SC directs Union for effective implementation, setting up of grievance redressal portal and periodic sensitisation
In a writ petition filed as Public Interest Litigation, seeking a writ of mandamus directing the respondents to provide the petitioner with the facility of a scribe, compensatory time, and all other facilities, to which he may be entitled, considering his disability status for the upcoming examinations, the Division Bench of JB Pardiwala and R. Mahadevan*, JJ. allowed the petition and held that all disabled candidates are entitled to use scribes for writing exams, without meeting the previously required benchmark disabilities criteria in light of Vikas Kumar v. Union Public Service Commission (2021) 5 SCC 370, wherein, it was held that it would be discriminatory to restrict the facilities of a scribe for only PwBD candidates. Read more here
QUASHING OF PROCEEDINGS/ FIR
‘Sexual intercourse by a man with his wife not rape’; FIR against husband accused of abducting and raping wife, quashed
In a criminal appeal against Punjab and Haryana High Court’s decision, wherein the husband’s (accused) application under Section 482 of the Code of Criminal Procedure, 1973 for quashing the FIR for offences under Section 366, 376, and 506 of Indian Penal Code, 1860 (‘IPC’) was dismissed, the Division Bench of Vikram Nath and Prasanna B. Varale, JJ. held that no prima facie case constituting any offence was made out against the accused hence, the impugned order of the High Court was quashed along with all the consequential proceedings. Read more here
‘Charges should be specific against family members for prosecution otherwise it may amount to misuse of criminal process’; DV and Dowry case against two, quashed
In a set of two criminal appeals against two decisions of the Telangana High Court, whereby the High Court declined to quash the criminal proceedings pending before the Magistrates concerned under Section 498-A, 506 Indian Penal Code (‘IPC’) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (‘Dowry Act’); and under the Protection of Women from Domestic Violence Act, 2005 (‘DV Act’), the Division Bench of BV Nagarathna and N. Kotiswar Singh*, JJ. allowed the appeals and quashed the criminal proceedings holding that the statements of the witnesses were hearsay evidence and did not disclose any new fact or provide better particulars beyond what was already stated by the complainant. As far as the present appellants are concerned, these witnesses including the complainant merely make generalised allegations without any specific evidence against them. Read more here
‘One-sided, partial and inimical investigation’; S. 306 IPC proceedings, quashed; SIT constituted for reinvestigating girl’s suicide after alleged boyfriend’s killing
In a criminal appeal against Allahabad High Court’s decision, whereby the High Court refused to quash the proceedings instituted against the accused for offence under Section 306 of the Penal Code, 1860 (‘IPC’), the three Judge Bench of Sanjiv Khanna, CJI and Sanjay Kumar and KV Viswanathan*, JJ. allowed the appeal and constituted a Special Investigation Team to reinvestigate the unnatural death of the deceased girl. The Court quashed and set aside the pending proceedings before the Trial Court. Read more here
Bihar Legislative Council’s decision to expel RJD’s MLC Sunil Kumar Singh for unparliamentary conduct and remarks against CM, quashed
In a civil writ petition challenging the Report of the Ethics Committee of the Bihar Legislative Council (‘BLC’) which recommended Rashtriya Janata Dal’s (‘RJD’) Sunil Kumar Singh’s expulsion as a Member of the Legislative Council (‘MLC’), the Division Bench of Surya Kant* and N. Kotiswar Singh, JJ. allowed the petition and set aside the impugned report and notification expelling Singh, considering that the punishment meted out to him was highly excessive and disproportionate to the nature of the misconduct committed by him. The Bench directed him to be reinstated as a member of the BLC with immediate effect. However, he shall not be entitled to claim any remuneration or other monetary benefits for the period of his disbandment. Read more here
SERVICE LAW
Compassionate appointment to be considered in “hand-to-mouth” cases where family struggles to pay basic expenses, if other conditions are satisfied
In a civil appeal against Kerala High Court’s decision dismissing an intra-court appeal preferred by the Canara Bank and upheld the Single Judge’s decision for appointment under the scheme of 1993 in the sub-staff cadre within two months, the Division Bench of Dipankar Datta* and Prashant Kumar Mishra, JJ. allowed the appeal and set aside the impugned decisions. However, in the interest of justice, the Court directed for payment of Rs. 2.5 lakhs to the respondent. Read more here
OTHERS
‘Uncomfortable questions during court proceedings not humiliation’; Woman’s plea seeking clarification from police on remarks made on her divorce, dismissed
In a criminal special leave petition against Rajasthan High Court’s decision whereby the petitioner’s miscellaneous petition seeking the basis of statements made by the police which allegedly humiliated her, was dismissed, the Division Bench of Sudhanshu Dhulia and Ahsanuddin Amanullah, JJ. dismissed the petition stating that during court proceedings, many statements are made and questions are posed which may make a person uncomfortable, but all such statements or questions cannot be misconstrued as humiliating a person. Read more here
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