Supreme court
Permanent Alimony & Interim Maintenance Can Be Granted Even When Marriage Is Void Under Hindu Marriage Act : Supreme Court
Answering a reference, the Supreme Court today (February 12) ruled that permanent alimony and interim maintenance under the Hindu Marriage Act, 1955 can be granted even when the marriage has been declared void."A spouse whose marriage has been declared void under Section 11 of the 1955 Act is entitled to seek permanent alimony or maintenance from the other spouse by invoking Section 25 of...
Order XXII Rule 4 CPC | No Separate Prayer To Set Aside Abatement Needed If Application To Substitute Legal Heirs Is Filed: Supreme Court
The Supreme Court held that if an appeal abates due to the failure to substitute legal heirs, filing a substitution application under Order XXII Rule 4 CPC eliminates the need for a separate application to set aside the abatement. “When an application praying for substitution had been made, then, even assuming that it does not have an explicit prayer for setting aside the abatement,...
Senior's Reprimand At Workplace For Official Duties Not Criminal Offence Of 'Intentional Insult' Under S 504 IPC : Supreme Court
The Supreme Court held that a verbal reprimand at the workplace concerning official duties does not amount to a criminal offense under Section 504 IPC ('intentional insult with the intent to provoke breach of peace'). The Court observed that if the employer or superior official does not question employees work performance, then failing to address an employee's misconduct could set a...
PMLA Accused Can't Be Kept In Custody If Order Taking Cognizance Of ED Complaint Has Been Quashed : Supreme Court
The Supreme Court on Wednesday (February 12) granted bail to an accused in a case under the Prevention of Money Laundering Act (PMLA) after noting that the order taking cognizance of the prosecution complaint filed by the Enforcement Directorate (ED) has been quashed.The Court questioned the ED for continuing the custody of the accused, who has been in custody since August 2024, after the...
Supreme Court Quashes Appointment Of Chairperson Of National Commission For Homeopathy
The Supreme Court today(February 12) allowed a civil appeal challenging the appointment of Dr. Anil Khurana as the chairperson of the National Commission for Homoeopathy.A bench of Justices Dipankar Datta and Manmohan held that the appointment was not in accordance with the law and directed Dr. Khurana to leave the office within a week. Officially, Dr. Khurana has 6 months to demit...
Compassionate Appointment : Supreme Court Flags Conflicting Judgments On Whether Scheme Prevalent On Date Of Death Or Date Of Consideration Applies
The Supreme Court, while deciding a civil appeal concerning compassionate appointment, observed that the issue of whether an applicable scheme should be the one in effect during the time of death or when the application for such appointment was considered, continues to be in a grey area. In brief, the respondent's father was working for the Canara bank and passed away in the year 2001,...
No Rigid Rule That Convict Should Undergo Half Of Sentence For Bail At Appellate Stage : Supreme Court
The Supreme Court has clarified that to suspend sentence during the pendency of appeal, a rigid rule cannot be applied that the convict must have undergone half of the substantive sentence. If a case for grant of relief is otherwise made on merits, the appellate court can grant bail or suspend sentence.A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan made this...
Rule To List Bail Pleas From Same FIR Before Same Bench Won't Apply If Judge's Roster Changes : Supreme Court Clarifies
The Supreme Court recently clarified its earlier judgments which mandated that bail applications arising out of the same FIR should be placed before the same bench/judge, taking note of the practical difficulties which arise after roster changes.If the judge who dealt with the earlier bail application becomes a part of a division bench after a roster change, then the subsequent bail...
Mention Of S.307 IPC In FIR Doesn't Bar Quashing Of Case On Settlement If Offence Isn't Made Out From Allegations : Supreme Court
The Supreme Court today (February 11) observed that mere mentioning of the non-compoundable offence in an FIR does not bar the High Court from quashing the case based on a compromise, if upon closer scrutiny, the facts do not support the charge. Citing factors such as the nature of the offense, the severity of injuries, the conduct of the accused, and the impact of crime on society, the...
Compassionate Appointment To Be Granted Only In “Hand-to-Mouth” Cases, Not Due To Mere Fall In Life Standard : Supreme Court
The Supreme Court, while determining a case related to compassionate appointment, observed that such appointment should be granted only in “hand-to-mouth” cases, provided that all the other conditions are fulfilled. Explaining, the Court said that such situations would include a family 'below the poverty line' and struggling to pay basic expenses.“It is only in “hand-to-mouth”...
Motor Accident Compensation | Disability Certified By Medical Board Cannot Be Reduced Without Ordering Re-Assessment : Supreme Court
The Supreme Court recently ruled that a disability certificate issued by the Medical Board should be accepted as such, being expert evidence. The disability percentage cannot be reduced by questioning the Medical Board's findings without ordering a reassessment.A bench of Justice Sanjay Karol and Justice Manmohan set aside the Rajasthan High Court's decision which reduced the compensation...