Supreme court
Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court
The Supreme Court held that a criminal case for cruelty under Section 498A of the Indian Penal Code cannot be sustained against a woman with whom the husband had an extra-marital affair. Because, such a woman would not come within the ambit of the term "relative" under Section 498A IPC.Holding so, a bench comprising Justice BR Gavai and Justice KV Viswanathan quashed a criminal case against a woman who was named as an accused on the allegation that she was a romantic partner of the husband of...
S. 58 NDPS Act | Proceedings Against Police Officials For Alleged Misconduct In Investigation Ought To Be Tried Summarily : Supreme Court
The Supreme Court today (Dec. 13) granted relief to a retired IPS Officer, quashing a summons issued by a Special Judge and the subsequent proceedings under Section 58 of the Narcotic Drugs and Psychotropic Substances (“NDPS”) Act, 1985 over allegations of misconduct during her tenure as SP, Kurukshetra, in a narcotics case investigation. The Court said that the Special Judge is not empowered to issue a notice under Section 58 of the NDPS Act because the proceedings commenced under Section 58...
Order 23 Rule 3 CPC | Only Remedy Against Compromise Decree Is Recall Application Before Court Which Recorded Compromise : Supreme Court
The Supreme Court ruled that if the compromise entered between the parties was not adhered to, there is no bar to filing a recall application seeking restoration of the proceedings under Order 23 Rule 3 of the Code of Civil Procedure, 1908 (“CPC”). The Court emphasized that the validity and legality of a compromise agreement can be challenged even after a decree is passed.The Court rejected the argument that recording the compromise does not grant liberty to restore the appeal. Instead, it said...
Partha Chatterjee's Bail : Supreme Court Sets Deadline For His Custody In ED Case As Feb 1, 2025; Expedites Trial
The Supreme Court on Friday (December 13) directed that former West Bengal Education Minister and MLA Partha Chatterjee can be released on bail on or before February 1, 2025, in the money laundering case arising out of a recruitment scam.The Court directed the trial court to decide on framing of charges before the commencement of winter vacations or before December 31, 2024, whichever is earlier. The Court further directed the trial court to record the statements of prosecution witnesses who are...
'Land A Precious Resource, State Must Be Transparent In Distribution': Supreme Court Quashes Maharashtra Govt's Land Allotment To Pvt Doctors
Citing arbitrariness in the allotment process, the Supreme Court (Dec.12) set aside the allotment of land made by the Maharashtra Government in favor of the Medinova Regal Co-operative Housing Society (“MRCHS”) to provide housing facilities to the doctors working at Tata Memorial Hospital. While doing so, the Court underscored the need to maintain transparency in the distribution of 'land' by the State where it is recognized as a precious community material source. “Land is a...
Mere Harassment Not Abetment Of Suicide : Supreme Court Discharges Husband In Wife's Suicide Case
Mere harassment is not sufficient to hold an accused guilty of abetment of suicide under Section 306 of the Indian Penal Code, held the Supreme Court while discharging a husband in a case related to the suicide of his wife."Mere allegations of harassment are not enough unless the accused's actions were so compelling that the victim perceived no alternative but to take their own life.Such...
S. 197 CrPC | Sanction For Prosecution Needed When Alleged Offence Was Connected To Discharge Of Official Duties : Supreme Court
The Supreme Court recently quashed a criminal case and summoning order against a District Town Planner, ruling that no prior sanction under Section 197 of the Cr.P.C. was obtained for prosecuting her demolition actions, which were part of her official duties carried out under senior's instructions. “we observe that the first respondent herein ought to have sought sanction for prosecution...
Disputes Falling Exclusively Within Jurisdiction Of Statutory Authorities Aren't Arbitrable : Supreme Court Reiterates
The Supreme Court recently reaffirmed that disputes falling exclusively within the jurisdiction of statutory authorities are not arbitrable.While holding so, the bench comprising Justices PS Narasimha and Sandeep Mehta ruled that the dispute related to wages and termination of an employee were non-arbitrable and would be exclusively dealt with by the statutory authorities established under...
Gift Deed Condition Requiring Donee To Give Perpetual Services Without Remuneration Is Forced Labour & Unconstitutional : Supreme Court
The Supreme Court has held that a gift deed 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.A bench comprising Justice Sudhanshu Dhulia and Justice Prasanna B Varale while considering an oral gift deed of 1953, which had...
Merely Because Wife Didn't File Complaint Under S.498A IPC For Many Years Doesn't Mean There Was No Cruelty By Husband : Supreme Court
The fact that a wife did not make any complaint regarding cruelty for many years would not make a complaint under Section 498A of the Indian Penal Code unsustainable, held the Supreme Court while rejecting the plea of a husband for discharge.In this case, the wife killed herself after 12 years of marriage, following which her father filed a complaint under Section 498A and 306 IPC against...
Motor Accident Leaves 7-Year-Old Girl Mentally Disabled: Supreme Court Enhances Compensation To Rs 50.8 Lakhs
The Supreme Court recently awarded Rs 50,87,000/- as compensation to a claimant for the mental and physical disabilities suffered by her due to a motor vehicle accident that occurred when she was just 7 years old.The accident occurred in 2009 when a high-speed car, which was driven negligently, hit her when she was crossing a zebra-crossing with her mother and brother. As a result of...
