Supreme court
Grandparents Cannot Have Better Claim Than Father For Child's Custody : Supreme Court
The Supreme Court recently allowed a father to get the custody of his child from maternal grandparents, observing that grandparents cannot have a better claim than the father, who is the natural guardian.A bench of Justices BR Gavai and K Vinod Chandran heard a father's appeal against the High Court's rejection of his habeas corpus petition. The High Court had denied him custody of his child,...
Imprisonment Of Judgment Debtor Drastic Step, Court Must Ascertain If Decree Was Wilfully Disobeyed : Supreme Court
The Supreme Court through its recent order, observed that imprisonment of a judgment debtor is a drastic step and to exercise such power, the Court must ensure that the judgment debtor wilfully disobeyed its order.“Imprisonment of a judgment-debtor is no doubt a drastic step and would prevent him from moving anywhere he likes, but once it is proved that he had wilfully and with...
Handcuffing & Chaining Accused To Hospital Bed Shocking: Supreme Court Directs Haryana Govt To Issue Guidelines To Police
Declaring an arrest illegal due to the police's failure to inform the detainee of the grounds of arrest, the Supreme Court, shocked by the Haryana Police's treatment—handcuffing and chaining him to a hospital bed- ordered the state to issue guidelines preventing such actions and ensuring strict compliance with Article 22, with rule amendments if necessary.A bench of Justice Abhay S Oka...
Contents Of FIR Inadmissible & Cannot Be Proved Through Investigating Officer If Informant Died A Natural Death : Supreme Court
The Supreme Court recently clarified that for an FIR lodged by a deceased person to hold any evidentiary value, its contents must be corroborated and proved. Elaborating, the Court said that if an informant's death has no connection whatsoever with a complaint lodged then the FIR's contents will not be admissible in evidence. Thus, in such cases, the contents cannot be proved through...
'Oral Undertaking Falls Within Scope Of Arbitration Clause' : Supreme Court Upholds Award Against Husband For Operation In Wife's Demat Account
The Supreme Court today (February 10) held that an oral contract undertaking joint and several liability falls within the scope of an arbitration clause.Holding so , the Court affirmed an arbitral award against a husband, finding him jointly liable for the award due to a debit balance in a joint demat account registered in his wife's name.The Court rejected the contention that the...
'Abuse Of Process' : Supreme Court Quashes 'Cheating' Case Filed Against Parents Of Man For Breaking Marriage Promise
The Supreme Court recently dismissed a cheating case (Section 415 IPC) against the parents for facilitating the marriage of their son to another woman instead of the complainant. Given the complainant's maturity and background, including her 29 years of age, post-graduate degree, and professional experience, the Court found it difficult to believe the parents' conduct easily influenced...
S.141 NI Act | 'Director Who's In Charge Of Company' & 'Director Who's Responsible To Company' Are Different Aspects: Supreme Court
The Supreme Court recently observed that there are twin requirements for an offence to fall under Section 141 of the Negotiable Instruments Act, which talks about the dishonour of a cheque committed by a company. Elucidating, the Court said that the accused person should be in charge of and responsible to the company for the conduct of the business.“There are twin requirements under...
Supreme Court Acquits Man On Death Row, Cites Faulty Investigation & Gaps In Prosecution Case
The Supreme Court set aside the conviction of an accused (convicted of the death penalty) in a case for allegedly committing the gruesome murder of his six family members, including his four children and brother. The Court cited faulty investigation and flawed recovery of evidence by the Uttar Pradesh police."The fabric of the prosecution case is full of holes and holes which are impossible...
Supreme Court Annual Digest 2024: POCSO Act
Protection of Children from Sexual Offences Act, 2012Sections 4, 6, 29 and 30 - Presumption under the POCSO Act – Applicability and Conviction - Sentence Modification - Socio-Economic Considerations - Parole Denial - The Supreme Court upheld the conviction of the appellant under Sections 302, 364, and 377 of IPC and Sections 4 and 6 of the POCSO Act for the aggravated penetrative sexual...