Supreme court
Vehicle Insurance Condition That Claim Will Be Accepted Only If Accident Occurs Within Premises Of Insured Is Absurd : Supreme Court
The Supreme Court recently (on February 12) observed that an insurance policy condition that the insurer would not be liable if the vehicle is used in any place other than the insured's premises is absurd. Given that the insured vehicle was a crane, the Court expressed its disappointment and said that cranes are always used at construction sites, and neither party pointed out...
'Can't Assume Indian Manufacturers Are Incapable' : Supreme Court Criticises Gwalior Municipality For Restricting Tender To Foreign Companies
The Supreme Court recently criticized the Gwalior Municipal Corporation (GMC) for its arbitrary tendering process, allowing only multinational brands to submit bids, purportedly to ensure quality assurance. The Court noted that the GMC's action of excluding Indian firms from the tender process suggested a belief that they were inherently incapable of competing with multinational corporations...
'Point-Based Assessment Has Defects' : Supreme Court Flags Concerns With Senior Designation Process, Refers Matter To CJI
In a significant development, the Supreme Court on Thursday (February 20) expressed certain concerns with the senior designation system, which has been laid down as per the two judgments rendered by the Top Court in the Indira Jaising case in 2017 and 2023.A two-judge bench comprising Justice Abhay S Oka and Justice Augustine George Masih, clarifying that it was not disrespecting the two...
Supreme Court Grants Bail in PMLA Case Citing Trial Delay & Long Custody, Distinguishes Recent Precedent
Citing prolonged incarceration and the likelihood of delay in the completion of the trial, the Supreme Court recently granted bail to the accused in a money laundering case. The bench comprising Justices Abhay S. Oka and Ujjal Bhuyan was hearing the plea of Udhaw Singh, who had been in custody for 14 months. The Enforcement Directorate (ED) had listed 225 witnesses for examination, yet only...
Dowry Demand Not Necessary For S.498A IPC Offence If Physical Or Mental Cruelty To Wife Is Established : Supreme Court
The Supreme Court observed that a dowry demand is not a prerequisite to constitute the offence of cruelty under Section 498A of the IPC. The Court explained that this provision recognizes two distinct forms of cruelty. Firstly, physical or mental harm and secondly, harassment which forces the wife to meet unlawful demands for property or valuable security. The Court observed that though...
When Second FIR Can Be Registered : Supreme Court Outlines Key Circumstances
The Supreme Court today (February 19) ruled that while a second FIR for the same offence is impermissible, a second FIR for a different offence is permissible. The Court stated that the nature of the allegations in both FIRs must be examined to determine the permissibility of registering a subsequent FIR. The Court narrated the following circumstances when the registration of a second FIR...
Mortgage Created By Deposit Of Title Deeds Prevails Over Equitable Mortgage Created By Deposit Of Agreement To Sell : Supreme Court
The Supreme Court has held that a mortgage created by the deposit of an unregistered agreement to sell will be subservient to a mortgage which was created by the deposit of title deeds.This is because an agreement of sale does not by itself create any interest in or charge on any property as per Section 54 of the Transfer of Property Act, 1882, as explained by the judgments in Suraj Lamps...
Supreme Court Upholds NEET Qualification Mandate To Pursue MBBS From Foreign Universities
The Supreme Court recently upheld Medical Council of India's(now National Medical Commission) regulations mandating that those desirous of studying in foreign medical institutions shall qualify the NEET (National Eligibility-cum-Entrance Test) in order to obtain an Eligibility Certificate."The requirement of an Eligibility Certificate from the Medical Council had been provided by section...
'She Went With Him Voluntarily' : Supreme Court Acquits Man Accused Of Kidnapping Girl Aged Between 16-18 Yrs For Marriage
The Supreme Court recently acquitted a man accused of kidnapping a minor girl, ruling that the girl had willingly left with him and was living with him as his wife. The Court found that the essential elements of "taking" or "enticing" a minor away from the lawful guardian were not met, leading to the acquittal. A bench of Justices BR Gavai and K Vinod Chandran heard the case where...
Difference Between 'Common Intention' (S.34 IPC) & 'Common Object' (S.149 IPC) : Supreme Court Explains With Illustrations
The Supreme Court recently clarified the distinction between Sections 34 (common intention) and 149 (common object) of the Indian Penal Code, 1860 (IPC). It ruled that Section 34 requires active participation, emphasizing an individual's intention as a crucial factor. In contrast, under Section 149, a person can be held guilty solely for being part of an unlawful assembly with a common object...
Conditions Imposed While Granting Remission Should Not Be Oppressive: Supreme Court
The Supreme Court today(February 18) emphasised that the conditions imposed by the Government while granting premature release to a convict must be reasonable.A bench of Justices Abhay S. Oka and Ujjal Bhuyan passed a significant order observing that considering remission of eligible prisoners is a duty of the Government. It was held that the convict need not apply for remission as the...