'Extrajudicial confession Lacks Credibility, Circumstances Not Proved' : Supreme Court Acquits Murder Accused

While acquitting a murder accused, the Supreme Court observed that extrajudicial confession is one of the other instances of circumstantial evidence, including the accused's guilt after the incident, recovery of evidence, and others. The Court reiterated that in cases where reliance is placed solely on circumstantial evidence, a conviction can only occur when all circumstances point towards...

Wife, Separated From 1st Husband, Can Claim Maintenance From 2nd Husband Though 1st Marriage Not Legally Dissolved: Supreme Court

The Supreme Court ruled that a woman is entitled to claim maintenance under Section 125 of the Cr.P.C. from her second husband, even if her first marriage was not legally dissolved. The Court clarified that a formal decree of dissolution is not mandatory. If the woman and her first husband mutually agreed to separate, the absence of a legal divorce does not prevent her from seeking...

Meticulous Examination Needed In Cases Where FIR Was Against Unknown Persons & Accused Are Not Known To Witnesses : Supreme Court

Emphasizing the need for meticulous examination in cases involving unidentified accused, the Supreme Court today (February 4) overturned the conviction of two individuals in a case for bus robbery, citing major flaws in the police investigation and unreliable eyewitness identification. “In cases where the FIR is lodged against unknown persons, and the persons made accused are not known to...

Supreme Court Annual Digest 2024: Unlawful Activities (Prevention) Act [UAPA]

Bail under UAPA, 1967 – Applicability of Section 43-D(5) – Principles and Constitutional Considerations – Long Incarceration and Delay in Trial - Prima Facie Assessment - Fundamental Rights and Speedy Trial - Precedence of Constitutional Rights - The Supreme Court reiterated the principles governing the grant of bail under Section 43-D(5) of the Unlawful Activities (Prevention) Act,...

Registry Has No Authority To Delete A Case From Cause List Unless Specifically Ordered By Concerned Bench Or Chief Justice: Supreme Court

The Supreme Court on Monday (February 4) held that the Registry has no authority to delete a case from the cause list once it has been listed, unless there is a specific order from the concerned bench or the Chief Justice of India.“The fact that service of notice of making alternate arrangements was not served is no ground to delete a case which is notified on the cause list. Once the case...

'Uma Devi' Judgment Can't Be Used To Justify Exploitative Engagements : Supreme Court Allows Regularisation Of Long-Serving Daily Wagers

The Supreme Court recently criticized the practice of public institutions hiring workers on daily wages (temporary contracts) to avoid providing them with permanent benefits. The Court reaffirmed that long-serving temporary workers appointed to sanctioned positions cannot be denied regularization simply because their initial appointments were temporary. While acknowledging the precedent set...

Appeals Of Accused & Victims Under NIA Act Can't Be Dismissed On Ground That Delay Can't Be Condoned Beyond 90 Days : Supreme Court

The Supreme Court today (January 4) directed that appeals filed by accused or victims in matters under the National Investigation Agency Act 2008 would not be dismissed on reason that delay beyond a period of 90 days cannot be condoned. The bench of CJI Sanjiv Khanna and Justices Sanjay Kumar and KV Viswanathan was hearing a batch of pleas challenging S. 21(5) of the NIA Act 2008. The...

Supreme Court Rejects NHAI Plea To Prospectively Apply 2019 Judgment Allowing Solatium & Interest For National Highway Land Acquisitions

The Supreme Court today dismissed plea(s) filed by NHAI seeking a clarification that the Court's 2019 ruling in Union of India v. Tarsem Singh on grant of solatium and interest to landowners shall apply prospectively.A bench of Justices Surya Kant and Ujjal Bhuyan rendered the decision, stating,"Granting such clarification would nullify the very relief that Tarsem Singh intended to...

'One-Sided Forfeiture Clause In Apartment Buyer Agreements Unfair Trade Practice' : Supreme Court Rejects Builder's Appeal

In a major relief to homebuyers, the Supreme Court (Feb. 3) ruled that earnest money forfeited upon flat booking cancellation must be reasonable and not excessive enough to be considered a penalty under Section 74 of the Contract Act, 1872. The Court criticized real-estate developers for including one-sided, excessive forfeiture clauses in builder-buyer agreements, deeming them "unfair...

'Each Judge Has 15K-20K Matters' : Supreme Court Expresses Concern At Allahabad HC Case Pendency; Stresses On Need To Fill Vacancies

"The High Court has a sanctioned strength of 160 Judges but unfortunately is working today with a strength of 84 Judges."

S. 74 Contract Act | Forfeiture Of Earnest Money Permissible If It's Not Excessive Amounting To Penalty : Supreme Court

The Supreme Court today (Feb. 3) clarified that forfeiting a reasonable earnest money deposit in a contract does not constitute a penalty under Section 74 of the Contract Act, 1872. “It can be seen that this Court has held that if the forfeiture of earnest money under a contract is reasonable, then it does not fall within Section 74 of the Indian Contract Act, 1872, inasmuch as, such...

Laws Intended To Protect Women From Cruelty & Dowry Harassment Shouldn't Be Misused To Settle Personal Scores : Supreme Court

The Supreme Court recently, while quashing a case involving allegations of cruelty and dowry said that criminal law should not be used as a tool for harassment. It added that courts must be cautious while dealing with such cases to prevent misuse of the law. While the provisions are intended to protect women from cruelty and dowry harassment, they should not be used to settle personal scores...