Supreme court
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...
Motor Accident Compensation | Supreme Court To Reconsider Judgment Barring Claim Under S.163A MV Act After Dismissal S.166 Claim
The Supreme Court recently (on February 13) referred its decision relating to compensation under the Motor Vehicles Act, Deepal Girishbhai Soni and Ors. vs. United India Insurance Co. Ltd., Baroda (2004) 5 SCC 385, to a larger bench for reconsideration. A three-judge bench in this case held that, where no case is made out for awarding compensation under Section 166 of...
Benefit Of Input Tax Credit Can't Be Reduced Without Statutory Sanction : Supreme Court
The Supreme Court recently held that Rule 21(8) of the Punjab Value Added Tax Rules, 2005, which was notified on January 25, 2014, could not be applied to transactions before April 1, 2014, as the enabling amendment to Section 13 of the parent statute, the Punjab Value Added Tax Act, 2005, was effective from that date.This means businesses that bought goods at a higher tax rate before this...
Supreme Court Directs States To Consider Premature Release Of Convicts When They Become Eligible Even Without Their Applications
The Supreme Court today(February 18) passed certain directions on the power of the Government to remit the whole or part of the sentence of the convicts under Section 432 of the Code of Criminal Procedure, 1973 ('the CrPC') and Section 473 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).A bench of Justices Abhay S. Oka and Augustine George Masih held that the power to grant remission...
Supreme Court Allows AYUSH Students To Retain Degrees Though They Didn't Take Admission Through NEET-UG
The Supreme Court recently allowed certain students of under-graduate AYUSH courses to retain their degrees although their admissions were not taken through the NEET-UG exam.A bench of Justices Sudhanshu Dhulia and K Vinod Chandran passed the order, observing that withholding the students' result, after they had completed their course, would cause immense hardship to them."It is true...