Explainer : What Are Peace Bonds? When Can Executive Magistrates Order Them?

The Delhi High Court last week dismissed AISA leader Neha Bora's plea challenging a Special Executive Magistrate's notice to execute a personal bond of ₹10,000 with one surety to maintain peace during an inquiry, after she was detained at Mandi House during a protest on October 16.In doing so the court ruled that notice was "purely based on the subjective satisfaction of the SEM" who had...

Know The Law | When Can A Plaint Be Amended After Trial Has Begun? Supreme Court Explains Order VI Rule 17 CPC

The Supreme Court has recently explained as to when a plaint be amended under Order VI Rule 17 of Code of Civil Procedure, 1908 (CPC) once the trial has begun, while allowing the amendment subject to costs of Rs 25,000.A bench of Justice BV Nagarathna and Justice R Mahadevan explained the law while setting aside orders of the trial court and the Orissa High Court refusing an amendment. Order...

Precedents Barring Recovery Of Excess Payments Have Not Considered Section 72 Contract Act: Supreme Court

The Supreme Court has recently observed that not a single precedent has remarked on the applicability of Section 72 of the Indian Contract Act, 1872 in the line of decisions dealing with recovery of excess payments.A bench of Justice Dipankar Datta and Justice Sheel Nagu made the observation while dismissing appeals by teachers whose Academic Grade Pay benefits were withdrawn after they...

Indian Succession Act | Different Treatment Of Hindu And Christian Wills Upon Testator's Marriage 'Not Discriminatory': Kerala High Court

The Kerala High Court, in a recent decision, held that the differential treatment of wills made by Christians and Hindus upon marriage of the testator, as contemplated under Indian Succession Act, 1925, is not discriminatory. [2026 LiveLaw (Ker) 571]Section 69 provides for automatic revocation of Wills made by Christians, upon their marriage. This provision is not applicable to Hindus due to...

Know The Law | When Can An Issue Be Tried First Under Order XIV Rule 2 CPC As Preliminary Issue?

The Supreme Court has recently held that an issue can be tried first only if it is a pure issue of law relating to jurisdiction or a statutory bar, and only before the court has begun trying all the issues together.A bench of Justice KV Viswanathan and Justice Arun Palli ruled so while setting aside the orders of the trial court, the first appellate court and the Kerala High Court. The...

Know The Law | Where Can A Motor Accident Claim Be Filed? Supreme Court Explains

The Supreme Court has recently explained the scope of the territorial jurisdiction clause in the motor accident compensation claims, holding that a claimant cannot invoke the jurisdiction of a Motor Accidents Claim Tribunal (MACT) merely because the insurance company has an office there.A bench of Justice Ujjal Bhuyan and Justice Atul S Chandurkar held so while dismissing an appeal filed by...

Know The Law | Consequences Of Not Furnishing Written Grounds Of Arrest : Supreme Court Explains

The Supreme Court recently reiterated that an accused has a fundamental and statutory right to be informed of the grounds of arrest in writing, and the written grounds must be furnished to the arrested person as a matter of course and without exception.A bench of Justice Ujjal Bhuyan and Justice Atul Chandurkar stressed that the requirement under Article 22(1) of the Constitution is not a...

Know The Law | Why Supreme Court Did Not Follow 'Tarsem Singh' Precedent On Limiting Pension Arrear Claims?

The Supreme Court has recently ruled that a widow claiming family pension cannot be denied arrears merely because she approached the courts belatedly, where the delay was on account of her poverty, illiteracy, and the employer's own illegality. This ruling departs from the Supreme Court's earlier ruling in Union of India v Tarsem Singh (2008) 8 SCC 648 wherein the restricted arrears of pension...

Know The Law | When Can Court Convict A Person For A Charge Not Framed? Supreme Court Explains

The Supreme Court has held that an accused charged with one category of offences can be convicted for uncharged offence by the Appellate or Revisional Courts', provided such offences are cognate or minor, and no failure of justice has been occasioned to the accused. “…in view of Section 464 of the Cr.PC, it is possible for the Appellate Court or Revisional Court to convict an accused...

Supreme Court Explains S.69 BNS : No Offence Of Deceitful Sex By Breach Of Genuine Marriage Promise

The Supreme Court has recently quashed an FIR registered under Section 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which criminalises sexual intercourse for which consent was obtained by deceitful means, such as false promise to marry, after finding that the complaint itself disclosed a consensual relationship rather than a deceitful inducement. It also noted that refusal to marry because...

Can Magistrate Suo Motu Order Investigation Or Further Investigations Under Section 175 BNSS?

UNLIKE SECTION 156 (3) OF THE NOW REPEALED Cr.P.C., THERE IS NO GENERAL POWER AVAILABLE TO THE MAGISTRATE TO SUO MOTU ORDER “INVESTIGATION” OR “FURTHER INVESTIGATION' UNDER SECTION 175 OR ANY OTHER PROVISION IN THE BNSS For a better comprehension of the matter, it is necessary to examine the two provisions in the Cr.P.C as well as BNSS.Cr.P.C, 1973BNSS, 2023Section 156 - Police officer's power to investigate cognizable cases (1) Any officer in charge of a police station may, without the...

S. 362 CrPC Does Not Curtail High Court's Inherent Power To Recall Judgment Resulting In Miscarriage Of Justice: Supreme Court

The Supreme Court has held that Section 362 of the Code of Criminal Procedure (CrPC), which generally bars criminal courts from altering or reviewing a judgment after it has been signed, does not obliterate the High Court's inherent jurisdiction to recall an order or judgment when allowing it to stand would result in a miscarriage of justice.The Court made the observation while allowing...