Supreme Court grants interim bail to rape convict Asaram Bapu on medical grounds
The interim bail has been granted till 31-03-2025.
Supreme Court
‘Supervisory & judicial review powers vested in HCs demands rigorous scrutiny & judicious application’; SC sets aside HC’s order interdicting CIRP proceedings under IBC
“The IBC is a complete code in itself, having sufficient checks and balances, remedial avenues and appeals. Adherence of protocols and procedures maintains legal discipline and preserves the balance between the need for order and the quest for justice.”
Supreme Court quashes gift deed executed by elderly mother in favor of son due to non-compliance with maintenance obligations under MWPSC Act
Supreme Court reiterated that it is a social obligation for both sons and daughters to maintain their parents when they are unable to do so.
‘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.”
Limitation for filing S. 17 application under Arbitration Act, 1940 begins from awareness of award’s availability, not receipt of copy: Supreme Court reaffirms
Supreme Court said that allowing a party, already aware of the award, to delay proceedings by insisting on procedural formalities would frustrate the expeditious resolution of disputes, undermining the very purpose of the Arbitration Act.
[MCOCA] SC sets aside bail granted without considering embargo placed by special statute; remands matter to HC for fresh consideration
“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.”
‘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.”
Supreme Court sets aside NCLAT order de-recognizing four lenders of the insolvent Reliance Infratel as Financial Creditors
Noting that hypothecation means the process of using an asset as collateral for a loan. It acts as a protection to the lender when the borrower does not repay the loan, the Supreme Court highlighted that the name of the document is not a decisive factor. Only because the title of the document contains the word hypothecation, it cannot be concluded that guarantee is not a part of this document.
Gift conditioned on perpetual rendering of services without remuneration amounts to begar or forced labour, hence unconstitutional: SC
“Although Section 127 of TPA permits an onerous gift but a gift which is conditioned upon perpetual rendering of services without any remuneration would amount to a “begar” or forced labour, even slavery and therefore it is not just wrong or illegal but even unconstitutional, being violative of fundamental rights of the donees.”
Inquiry Officer can continue Eviction proceedings by upholding natural justice principles in absence of regulations under Section 105H of MMC Act: SC
In the impugned decision, the High Court framed points for the Inquiry Officer to determine the matter and laid down the procedure, the Court held that the High Court overstepped its limits and took unto itself a duty which the Act entrusts the statutory authority to exercise.
Supreme Court quashes abetment of suicide charges against husband and in-laws, citing lack of prima facie evidence of intent to instigate the deceased
“There must be a close proximity between the positive act of instigation by the accused person and the commission of suicide by the victim.”
‘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.”
‘Economic offences stand on different footing, have wider ramifications’; SC upholds Bombay HC’s decision refusing to quash FIR under PC Act involving SBI employees
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.”
‘Party’s financial independence does not preclude maintenance, especially in cases where marriage subsisted for long’: SC grants Rs. 50 Lakhs alimony to wife in 21-yr-old matrimonial dispute
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.
Supreme Court upholds conviction of man for murdering his wife; Rejects plea of alibi
The absence of any explanation or defense from the convict, coupled with the surrounding circumstances that pointed to his culpability, led the Supreme Court to conclude that the only plausible inference was that the convict had participated in the commission of the crime.
‘Public defrauded under the guise of necessary public infrastructure’; SC upholds Allahabad HC’s decision making DND flyway toll-free
“NOIDA (Levy of Infrastructure Fee) Regulations, 1998 came to be enacted only after the Concession Agreement had been executed and were seemingly designed to validate the actions already taken by NTBCL and NOIDA.”
Supreme Court directs NEET UG counselling for vacant seats; Orders Completion of admission process by 30th Dec
Supreme Court directed that no college would be permitted to admit the students directly and admission should be conducted only through the State Admission Authorities.
‘Transfer of investigation to CBI in special circumstances’; SC sets aside Madras HC order for re-investigation while acquitting accused for same offence
“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.”
‘Blot on Constitution’; SC aghast over HC staying proceedings in a case where woman was humiliated, accused of witchcraft & disrobed
“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.”