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“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of Andhra Pradesh despite the bifurcation of the erstwhile State of Andhra Pradesh till such time they were altered, repealed or amended.”
“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.”
“Mere observation that the investigating authorities may have taken a lackadaisical ethical approach does not warrant the accused being put through the wringer once more for the same offence.”
“When it comes to offences that infringe upon the dignity of a person, the responsibility cast on both the investigating and the adjudicatory authorities is greater than usual or what is generally cast upon them in other circumstances… Dignity is an invaluable aspect of Indian Constitutional jurisprudence.”
“Hindu Women’s right to maintenance is not by virtue of any statute, but is found in Shastric Hindu law; maintenance has to be proper, appropriate and adequate, giving the woman so maintained the ability to continue to live the life, similar to what she once lived.”
Before exercising the power under Section 482 of CrPC, the High Court must have due regard to the nature and gravity of the crime besides observing and holding that heinous and serious offences could not be quashed even though a victim or victim’s family and the offender had settled.
“The prime object of FIR, from the point of view of the informant is to set the criminal law in motion and from the point of the investigating authorities is to obtain information about the alleged activity to enable them to take suitable steps to trace and book the guilty. FIR is an important document, though not a substantial piece of evidence, and may be put in evidence to support or contradict the evidence of its maker viz., the informant.”
The Division Bench opined that in Section 498-A IPC cases, the courts have to be careful to identify instances of over implication and to avert the suffering of ignominy and inexpiable consequences.
“In the event, the candidates who were already appointed on the basis of results of the main examination conducted in September, 2016, if successful in the re-conducted main examination in terms of this order, they would be given continuity of service and consequential benefits upon being appointed against the concerned posts.”- Supreme Court’s direction
Supreme Court said that the finding of the Trial Court on the ground to proceed against the accused is based on suppositions and suspicions, having no foundational support from the materials produced by the prosecution.
Supreme Court found the appellant’s contention as unsustainable because they did not appear before the Court on issuance of bailable warrants but moved applications for bail.
The Supreme Court was dealing with a matter pertaining to the genuineness of a registered Will executed by the testator in favour of his brother’s daughter without any mention of his widow or daughter.
The Supreme Court observed that the undertrial prisoners/convicts were not released on merits but were released only to prevent the spread of COVID-19 virus among prisoners in over-crowded prisons.
The Supreme Court held that the impugned notification taking away the accrued rights of OCI cardholders should have prospective effect on children born after the said date.
The Supreme Court was unimpressed with the explanation given by the plaintiff for the delay of 853 days that he initially fell sick with Jaundice and was later confined to house with High Blood Pressure, Diabetes and other diseases. The petition had extension of time to deposit the balance sale consideration of Rs. 15,00,000/-.
This roundup revisits the analyses of Supreme Court’s judgments/orders on constitutionality of Demonetisation; Freedom of Speech of Ministers; Guidelines to withhold life support of a terminally ill patients; Tussle between Delhi Government and Centre, and more. It also covers reports on Justice SA Nazeer’s retirement; the career trajectory & important decision of Justice CT Ravikumar; Explainers on important law points; five ‘Did You Know’ facts; Cases Reported in SCC Weekly in the month of January; and a throwback from SCC Archives.
