Know the Law
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UNLIKE SECTION 156 (3) OF THE NOW REPEALED Cr.P.C., THERE IS NO GENERAL POWER AVAILABLE TO THE MAGISTRATE TO SUO MOTU ORDER “INVESTIGATION” OR “FURTHER INVESTIGATION' UNDER SECTION 175 OR ANY OTHER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...
P&H High Court Explains When Second Anticipatory Bail Plea Can Succeed
The Punjab and Haryana High Court has explained that although a second or successive anticipatory bail petition is maintainable in law, it can succeed only where the applicant demonstrates a substantial change in circumstances. A mere superficial or ostensible change, including the subsequent creation of a document, would not suffice, Justice Sumeet Goel held.The bench thus dismissed a...
'Challenge To Decree As Nullity Due To Abatement Must Be Raised Before Executing Court U/S 47 CPC, Not By Separate Suit': Bombay High Court
The Bombay High Court has held that an objection to the execution of a decree on the ground that it is a nullity by reason of abatement of the suit has to be adjudicated by the executing Court under Section 47 of the CPC and cannot be raised by way of a separate suit. The Court observed that Section 47 and Order XXI Rules 97 and 101 vest the powers in executing court to decide the question...
4-Steps To Test If Criminal Case Can Be Quashed Based On Defence Material Before Trial : Supreme Court Explains
The Supreme Court has reiterated that criminal proceedings can, in exceptional cases, be quashed at the pre-trial stage on the basis of defence material or official records, where such material is of an unimpeachable nature and demonstrates that continuation of the prosecution would amount to an abuse of the process of court.In its judgment in Rahul v. State of Uttar Pradesh, pronounced on...
Order 41 Rule 27 CPC | Supreme Court Explains Parameters To Decide Application For Additional Evidence
While reiterating that an application seeking the production of additional evidence at an appellate stage needs to be decided on its own merit before delivering a judgment, the Supreme Court has laid down the parameters to be followed while dealing with an application under Order 41 Rule 27 of CPC. A bench of Justice SVN Bhatti and Justice NV Anjaria laid down the following parameters:...
Principles Of Judicial Review In Exam Evaluation Disputes : Supreme Court Explains
The Supreme Court has reiterated that a power of judicial review cannot be exercised to interfere with the decision of experts in an academic field. A bench of Justice Dipankar Datta and Justice Sheel Nagu set aside the Allahabad High Court's order, which had interfered with the academic experts' decision in examination matters. The High Court issued directions to the Uttar Pradesh...
Can A Sessions Court Hold A Joint Trial Despite Separate Committal Orders? Supreme Court Explains
The Supreme Court has clarified that committal orders do not determine whether a trial would be conducted jointly or separately, holding that the decision rests exclusively with the trial court. “…the committal order/s is/are not determinative of whether the trial is single/separate/joint; which is at the exclusive discretion of the Court.”, observed a bench of Justice Sanjay Kumar...