Supreme Court upholds protection from arrest for accused in Rs 6,000 Crore Ponzi Scam, Cites ED’s delay in responding to notice
Supreme Court observed that ED had ample time to file the counter affidavit.
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Family Law Roundup| A quick recap of the top family law cases from November 2024
Read about the significant family law matters heard and decided by the Supreme Court and High Courts in November 2024
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Supreme Court issues directives on the role of public prosecutors and legal aid counsels to safeguard fairness and fundamental rights in criminal trials
“The right of the accused to defend himself in a criminal trial is guaranteed by Article 21 of the Constitution of India. He is entitled to a fair trial. But if effective legal aid is not made available to an accused who is unable to engage an advocate, it will amount to infringement of his fundamental rights guaranteed by Article 21”
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Farmers Protest| Supreme Court asks farmers’ leader Jagjit Singh Dallewal not to obstruct highways or cause inconvenience to public
Supreme Court emphasized that while peaceful protests are a fundamental right in a democracy, there must be a sense of responsibility when engaging in such protests.
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Refusal to marry in a relationship does not amount to criminal liability for abetment of suicide: Supreme Court
“To convict a person for abetment of suicide under Section 306 IPC, there has to be a clear mens rea on the part of the accused to abet such a crime and it requires an active act or a direct act leading to the commission of suicide.
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Supreme Court upholds land acquisition for Yamuna Expressway; Justifies Invocation of Urgency Clause
Supreme Court directed that a 64.7% enhancement in compensation would apply in rem, ensuring that uniform benefits would be provided to all affected landowners under the present land acquisition process.
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Supreme Court to explore long-term solutions for Delhi’s air pollution; GRAP IV measures to remain in force till December 2
Graded Response Action Plan (GRAP) is a framework designed to take specific actions based on the level of air quality, with Stage IV being one of the highest stages involving stricter measures such as restrictions on non-essential activities, halting certain industrial operations, and enhancing public health advisories.
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Land allocation at basic rates to privileged groups is ‘capricious’ and ‘irrational’; SC strikes down land allotment policy favoring Judges, MPs, MLAs, and Journalists in Hyderabad
“Government servants, elected legislators, Judges in the Supreme Court and High Court, and prominent journalists do not belong to the “weaker” or per se deserving sections of our society, warranting special State reservations to land allotment.”
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Kerala High Court sets aside Single Judge order denying termination of a 26-weeks pregnancy for minor rape victim due to absence of psychologist on Medical Board
Kerala High Court instructed the Hospital to preserve all relevant blood samples and tissues to facilitate further medical tests, ensuring that the necessary forensic evidence is available for the ongoing legal proceedings.
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Madras High Court orders de novo investigation after IO reveals forgery; Transfers case to CBCID
The power of this Court to order a reinvestigation should not be exercised in a casual manner and only in very rare cases, de novo investigation can be ordered.
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[Delhi Air Pollution] Supreme Court orders CAQM to consider allowing physical classes in Schools
This directive came in response to an application filed by the parents of some students seeking the reopening of schools.
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Where offence shakes public confidence, bail shall not be granted: Kerala HC denies bail to police officer accused of raping minor Dalit girl
“Bail is a rule, and jail is an exception, but the accused involved in offences, which are grave, serious and heinous, fall within the exception and not the rule.”
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Sacred duty of husband or father to maintain wife and children: Allahabad HC upholds Family Court’s pendente lite maintenance order
“The object of Section 24 of the Hindu Marriages Act in providing maintenance to a party in matrimonial proceedings is obviously to provide financial assistance to the spouse to maintain herself or himself during the pendency of the proceedings and also to have sufficient funds to carry on the litigation so that the spouse does not unduly suffer in the conduct of the case for want of funds.”
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No disciplinary action can be taken post-retirement or after extended service period of delinquent employee: Supreme Court
“Where the disciplinary proceeding itself is without jurisdiction, upholding the same on the specious plea that it was not challenged on the ground of lack of jurisdiction would be tantamount to giving imprimatur to a patently illegal proceeding”
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Supreme Court revives evidence tampering case against Kerala MLA Antony Raju, orders trial completion in 1 year
Antony Raju is an Indian politician who served as the Minister for Road Transport, Motor Vehicles, and Water Transport in the Government of Kerala until 24-12-2023. He is the leader of Janadhipathya Kerala Congress and was elected to the Kerala Legislative Assembly from the Thiruvananthapuram constituency in the 2021 elections.
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Recording of evidence is mandatory in disciplinary proceedings involving major punishment: Supreme Court reiterates
Supreme Court said that the High Court fell into grave error of law while interfering in the well-reasoned judgment rendered by the Tribunal whereby, the Tribunal had quashed the order imposing penalty upon the appellant.
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[Delhi Air Pollution] Supreme Court orders suspension of physical classes for all school students in Delhi-NCR
Supreme Court criticized the delay in implementing GRAP stages III and IV, stating that the CAQM’s approach of waiting for AQI levels to improve before taking action violated its 2018 order, which mandated preventive measures for air pollution.
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Judgment in appeal is non-est when no appeal provision exists in law: Kerala High Court
“When an application is filed under Section 3(2) of the Muslim Women (Protection of Rights on Divorce) Act, 1986, the Magistrate is expected to consider and pass an order as provided under Section 3(3) of the Act. There is no provision in the Statute enabling the party aggrieved by that order to prefer an appeal”
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Kerala HC sets aside Family Court order granting permanent child custody to father; Stresses importance of credible evidence for postpartum depression allegations
“As per settled scientific studies and assessments, postpartum depression is rather common in some women and that this is not a situation that will continue forever, but most of the time being temporary, for a short duration”
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SC clarifies scope of judicial scrutiny under Section 11 of Arbitration Act: Sets aside Bombay HC ruling on appointment of arbitrator
Supreme Court clarified that the limited jurisdiction of the referral Courts under Section 11 must not be misused by parties in order to force other parties to the arbitration agreement to participate in a time-consuming and costly arbitration process.
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