When Accused Acted With Common Intention, Punishment Can't Be Reduced Merely Because Injury Inflicted Individually Wasn't Severe : Supreme Court

The Supreme Court noted that the severity of injuries caused by individuals acting with common intention cannot justify reducing a harsher punishment to a lighter one. The bench of Justice Sudhanshu Dhulia and Justice Prashant Kumar Mishra heard the State of Karnataka's appeal challenging the High Court's decision to modify the conviction of Accused No. 2 from Section 326 IPC (voluntary...

Supreme Court Directs Jharkhand Govt To Bring Out Prison Manual In Accordance With 2016 Model Prison Manual

The Supreme Court today (January 17) allowed an appeal by the State of Jharkhand for the transfer of a prisoner from one jail in Jharkhand to another on grounds that the prisoner was involved in a gang war and there was apprehensive about the right to life. The Court also directed the Jharkhand Government to bring a Jail Manual incorporating the provisions of the Model Prison Manual 2016.A...

'Abetment Of Suicide' Offence Can't Be Invoked Only To Assuage Feelings Of Family; High Time To Sensitise Police : Supreme Court

The Court reminded the trial courts that they should not mechanically frame charges for the offence of abetment of suicide.

S. 141 NI Act | Resigned Director Not Liable For Cheque Issued By Company After His Resignation : Supreme Court

The Supreme Court observed that the cheque issued after the retirement of the director of the company would not trigger his liability under Section 141 of the Negotiable Instrument Act, 1882 (“NI Act”). “Once the facts are plain and clear that when the cheques were issued by the Company, the appellant (director) had already resigned and was not a director in the Company and was...

Supreme Court Quashes Criminal Case Against Ex-Bharti Airtel CEO Over Obscene SMSes Received By Airtel Subscriber

The Supreme Court today quashed criminal proceedings pending against a former Chief Executive Officer of Bharti Airtel, who was booked over a lawyer's complaint regarding receipt of 'obscene' messages on his Airtel number.A bench of Justices Surya Kant and N Kotiswar Singh passed the order, keeping the FIR intact for the limited purpose of investigation into the alleged offense, to find out...

Order II Rule 2 CPC Doesn't Mean Different Causes Of Action From Same Transaction Must Be Included In Single Suit : Supreme Court

The Supreme Court noted that while Order II Rule 2 of the CPC mandates including the entire claim arising from the same cause of action in one suit, it should not be misconstrued to require combining all different causes of action stemming from the same transaction into a single suit. “The mandate of Order II Rule 2 is the inclusion of the whole claim arising in respect of one and the...

Private Defence Must Be Strictly Preventive, Not Punitive Or Retributive In Nature: Supreme Court

The Supreme Court (on January 09) observed that private defence must be strictly preventive and not punitive or retributive. The Court reiterated that causing death can only be justified when the accused is faced with a reasonable apprehension of death or grievous hurt. The impending danger must be present, real or apparent., the Court said.The Bench of Justices JB Pardiwala and R Mahadevan...

Order II Rule 2 CPC Bar Won't Apply When Reliefs In Second Suit Are Based On A Cause Of Action Different From First Suit : Supreme Court

The Supreme Court today (Jan. 15) ruled that a subsequent suit filed on a different cause of action would not be subject to the bar under Order II Rule 2 of the Code of Civil Procedure, 1908 ("CPC"). The Court justified the filing of a subsequent suit for specific performance of an agreement to sell, following the institution of an earlier suit seeking a permanent injunction, noting that...

Duty Of Government & Local Authorities To Provide Basic Toilet & Sanitation Facilities Within Court Premises : Supreme Court

The Supreme Court (today on January 15), while issuing a set of directions for the construction of toilet facilities in Court premises across India, noted that the same would protect privacy and remove threats to ladies and transgender persons.The Bench of Justice JB Pardiwala and Justice R Mahadevan, passed this order while deciding a writ petition filed by Rajeeb Kalita in 2023. The...

Supreme Court Bemoans Lack Of Toilet Facilities In HCs & District Judiciary, Says Access To Justice Impacted By Neglect Of Sanitation Needs

"The failure to provide adequate washroom facilities is not just a logistical issue, but it reflects a deeper flaw in the justice system."

Promotion As District Judges Under Merit-cum-Seniority Quota Can't Be Denied To Suitable Candidates Based On Merit List : Supreme Court

The promotion under merit-cum-seniority quota is not based on comparative merit, the Court reiterated.

TN Societies Registration Act | Prior District Registrar's Approval & Identical Objectives Of Societies Not Mandatory For Amalgamation : Supreme Court

The Supreme Court observed that under the Tamil Nadu Societies Registration Act, 1975 ("Act"), it is not required for the amalgamating societies to obtain prior approval from the District Registrar before passing a special resolution, nor is it necessary for the societies to have identical objectives for the amalgamation. The bench of Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta...