SC

S. 125(4) on non-compliance of restitution decree
Case BriefsSupreme Court

“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.”

Cheating case against Jit Vinayak Arolkar
Case BriefsSupreme Court

“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.”

Information to Registration Officer on foreigner's bail
Case BriefsSupreme Court

“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.”

Foreigner under CAA
Case BriefsSupreme Court

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.

Summons under S. 319 CrPC
Case BriefsSupreme Court

“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.”

Quash proceedings under Art. 226
Case BriefsSupreme Court

“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.”

Quash FIR under PC Act
Case BriefsSupreme Court

SBI suffered losses of Rs. 6.13 Crores approximately, causing a substantial injury to the public exchequer and consequently, hampering the public interest…“Economic offences affect the economy of the country as a whole and pose a serious threat to the financial health of the country. If such offences are viewed lightly, the confidence and trust of the public will be shaken.”

Financial independence in alimony
Case BriefsSupreme Court

A sum of Rs. 50 Lakhs has also been awarded to the daughter, in line with the principles of safeguarding the interests of children suffering under distress of such prolonged matrimonial disputes between the parents.

Partha Chatterjee Bail
Case BriefsSupreme Court

The Court expedited the Trial and directed the Trial Court to decide on framing of charges before the commencement of the winter vacations or before 31-12-2024 and then fix a date for recording the statements of prosecution witnesses who are the most material or vulnerable.

delay in death penalty execution
Case BriefsSupreme Court

“Article 21 of the Constitution does not end with the pronouncement of the sentence but extends to the execution stage of that sentence. An inordinate delay in the execution of the sentence of death has a dehumanising effect on the accused. An inordinate delay caused by circumstances beyond the prisoners’ control mandates the commutation of a death sentence.”

Oachira Parabrahma Temple
Case BriefsSupreme Court

Justice (Retd.) K. Ramakrishnan of Kerala High Court has been appointed as Administrative Head to conduct the election for the administration and management of the temple and its allied institutions, in a free and fair manner. There were serious disputes in administering and managing the temple and its institutions by the Administrative Head appointed by the Kerala High Court.

Protection of POSH’s ICC members
Hot Off The PressNews

The PIL raised concerns that members of Internal Complaints Committee (ICC) [constituted under Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013] do not have protection from arbitrary and retaliatory actions such as arbitrary termination at private workplaces.

Delay in appeals
Case BriefsSupreme Court

“Though the Government adopts systematic approach in handling the legal issues and preferring the petitions/applications/appeals well within the time, due to the fault on the part of the officials in merely communicating the information on time, huge revenue loss will be caused to the Government exchequer.”

presumption under Sec. 20 PCA
Case BriefsSupreme Court

“But, when the fact of receipt of payment or an agreement to receive the gratification stands proved, there is a clear case of nexus or corroboration and the presumption itself is irrelevant. Section 20 gets attracted when it is proved that the public servant has accepted or agreed to accept any gratification other than legal remuneration and, in that case, presumption is that it is the motive or reward for any of the acts covered under Section 7, 11 or 13(1)(b) of the Act.”