Supreme Court dismisses plea against Delhi High Court’s Senior Advocates designation
“We don’t see that anybody gets better treatment in this Court because he has a different gown,” the Bench remarked.
SC
SC pulls up Assam Govt. for not deporting foreign nationals on ground of not knowing their addresses
“We expected the State to put on record reasons for detaining 270 foreign nationals in the transit camp and details of the steps taken by the State Government for deporting the detenues in the detention camp.”
‘Sexual intercourse by a man with his wife not rape’; SC quashes FIR against husband accused of abducting and raping wife
The victim-wife and the accused-husband married each other as per Sikh rites and ceremonies against the wishes of her family. The wife accused the husband of rape and also alleged that the marriage was solemnised forcibly by the accused.
Supreme Court Roundup January 2025 | Stories on Toilets in Courts; Royalty on Brick Earth; Misuse of S. 306 IPC; Tahir Hussain’s bail plea; Scope of HCs Jurisdiction; and more
Key rulings and landmark decisions from January 2025 shaping the legal landscape, including the spotlight on Supreme Court Judges from our ‘Know Thy Judges’ Feature.
SC directs Union to constitute Committee to consider legal framework for benefit, protection & regulation of domestic workers’ rights
“No effective legislative or executive action in furtherance of enacting a statute, which could prove to be a boon to millions of vulnerable domestic workers across the country, has been undertaken as of now. Over and above the absence of any legislation protecting their interests, domestic labourers also find themselves excluded from existing labour laws.”
SC confirms man’s conviction under S. 498A IPC and S. 4 of DP Act in 19-year-old dowry case; reduces sentence to time served in custody
The Court considered that the complainant-wife had re-married and settled abroad. However, directed for compensation of Rs. 3,00,000/- to the former wife in view of the harassment which she was subjected to.
‘Frequent interference with arbitral awards would defeat purpose of 1996 Act’; SC reiterates narrow scope of appellate court’s power under S. 37
“Section 37 of the 1996 Act grants narrower scope to the appellate court to review the findings in an arbitral award if it has been upheld or substantially upheld under Section 34.”
Know why SC allowed private complaint for offence of false evidence before a Tribunal, considering it as the only remedy
Supreme Court set aside the High Court’s decision quashing the private complaint and concluding that the alleged offences under Sections 193, 199 and 200 of the IPC were such, on which the complaint could have only been filed by the Court following the route under Section 195 read with Section 340 of the CrPC.
‘Government officials stooped too low to punish a senior doctor on the verge of retirement’; SC sets aside penalty of 2% pension cut imposed in disciplinary action
“While it is true that principles of natural justice supplement, and not supplant, the law, such principles have been declared by the Court to be a constituent feature of Article 14. Validity of any disciplinary action, whenever questioned, has to be tested on the touchstone of Articles 14, 16 and 21 as well as Article 311(2), wherever applicable.”
Read why Supreme Court turned conviction of two brothers from S. 302 to S. 304 Part I of IPC in 23-year-old co-villager’s murder case
“The requirement of law in criminal trials is not to prove the case beyond all doubt but beyond reasonable doubt and such doubt cannot be imaginary, fanciful, trivial or merely a possible doubt but a fair doubt based on reason and common sense.”
S. 306 IPC | SC grants anticipatory bail to wife accused of abetting husband’s suicide
The husband and wife were married for about one and a half year, and due to continuous quarrels, the wife started living in her parental home along with their 6-month-old daughter at the time of the incident. During this period, the husband committed suicide.
‘Disqualification under S. 125(4) of CrPC not attracted on wife’s non-compliance of decree for restitution of conjugal rights’; SC orders Rs. 10,000 monthly maintenance
“It would depend on the facts of the individual case, and it would have to be decided, on the strength of the material and evidence available, whether the wife still had valid and sufficient reason to refuse to live with her husband, despite such a decree. There can be no hard and fast rule in this regard, and it must invariably depend on the distinctive facts and circumstances.”
‘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.
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.”
‘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.”
‘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.”
‘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.”
‘Proceedings initiated with ulterior motive, used as weapon’; SC quashes proceedings against parents-in-law under S. 498-A of IPC
“Cruelty is not enough to constitute offence under S. 498-A IPC, it must be done with the intention to cause grave injury or drive victim to commit suicide or inflict grave injury to herself.”