Dismissal Of Earlier S.482 CrPC Petition Doesn't Bar Subsequent Petition Filed Due To Change In Law : Supreme Court

Observing that the principle of res judicata is not strictly applicable to the criminal proceedings, the Supreme Court recently ruled that the dismissal of a previous petition does not preclude the filing of a subsequent petition under Section 482 of the Cr.P.C if it is prompted by a change in the law. The Court rejected the argument that if the earlier petition had been withdrawn...

S.354 IPC | To Establish Mens Rea, Something More Than Vague Statements Must Be Produced : Supreme Court Quashes Chargesheet

The Supreme Court, recently (on January 02), observed that for Section 354 IPC (Assault or criminal force to woman with intent to outrage her modesty) to apply, criminal force must be used. Further, such application of force must be coupled with intention to outrage a woman's modesty.The Bench of Justices Sanjay Karol and C.T. Ravikumar added that in order to establish mens rea something...

All Supreme Court 2024 Annual Round-Up Reports In One Place

Here is a compilation of the Supreme Court annual round-up stories published regarding various judgments delivered in 2024.100 Important Judgments Of Supreme Court Of 2024 [All Parts]25 Notable Supreme Court Judgments Of 2024 On Bail & Arrest2024 Round-Up| Constitution Bench Decisions Of Supreme CourtArbitration Act: Important Judgments By Supreme Court In 2024Supreme Court Yearly...

Arbitration Act 1940 | 30-Day Objection Period Starts When Objector Becomes Aware of Award, Not Upon Formal Notice : Supreme Court

The Supreme Court noted that under the Arbitration Act, 1940 (“1940 Act”), 30-day period for filing objections begins when the objector becomes aware of the award, not upon receiving formal notice“The question for consideration is whether the time for filing a Section 17 application commences when the party seeking to challenge the award receives a formal notice (18.11.2022) of the...

Supreme Court Monthly Round-up: December 2024

IndexCitationsAshok v. State of Uttar Pradesh, Criminal Appeal No. 771 of 2024 2024 LiveLaw (SC) 941Union of India & Ors. v. Saroj Devi 2024 LiveLaw (SC) 942Satish Kumar Ravi v. State of Jharkhand & Anr. 2024 LiveLaw(SC) 943Oachira Parabrahma Temple & Anr. v. G. Vijayanathakurup and Ors., Civil Appeal Nos. 13708 - 13709 of 2024 2024 LiveLaw (SC) 944Irfan Khan v. State (NCT of...

Finding That 'Will Is Validy Executed' Doesn't Mean 'Will Is Genuine' : Supreme Court

The Court can refuse to act upon a validy executed Will if there are suspicious circumstances which are not explained by the propounder.

For Offence Of False Evidence In A Tribunal, Only Remedy Is Private Complaint; Route Of S.195/340 CrPC Not Applicable : Supreme Court

The Supreme Court held that for the offence of giving false evidence before a Tribunal, the only remedy is to file a private complaint, as the route of Sections 195 read with Section 340 of the Code of Criminal Procedure (CrPC) is available only for offences committed in a proceeding before a Court(and not a Tribunal).Facts of the caseAs per brief facts, the present SLP challenged the...

High Court's Interference Under Article 226/227 Permissible Only If Arbitral Tribunal's Order Is Patently Perverse : Supreme Court

The Supreme Court today criticized the High Court's intervention under its Writ Jurisdiction in the Arbitral Proceedings, where it had directed the Arbitral Tribunal to grant additional time for one party to cross-examine another, despite the Tribunal already having provided ample time for cross-examination.Setting aside the High Court's decision, the bench comprising Justices PS Narasimha...

Supreme Court Explains Difference Between Lease & Allotment

The Supreme Court yesterday (on January 02), while deciding a batch of civil appeals, reiterated that terms lease and allotment are different. Lease is a temporary grant whereas allotment though is a temporary right of use and occupation of evacuee but does not include a grant by way of a lease., the Court said.The Bench of Justices C.T. Ravikumar and Rajesh Bindal relied upon a thread...

Accused Who Absconded Can Be Prosecuted Under S.174A IPC Even If Proclamation Under S.82 CrPC Is Extinguished : Supreme Court

The Supreme Court observed that while a proclamation issued under Section 82 Cr.P.C. cannot be enforced if the underlying case is quashed, the accused may still be penalized under Section 174A IPC for failing to appear in response to the proclamation, as it constitutes an independent offence arising from the initial proclamation.The bench comprising Justices CT Ravikumar and Sanjay Karol...

CBI Doesn't Need State Govt's Consent To Register FIR Under Central Law Against Central Govt Employee Posted In That State : Supreme Court

The Supreme Court on January 2 held that the Central Bureau of Investigation (CBI) does not require permission from the State Government to register a First Information Report (FIR) under the Central Legislation against a Central Government employee just because the employee happens to work within the territory of a particular State.In this case, two FIRs were registered against...

100 Important Judgments Of Supreme Court Of 2024 [All Parts]

The links to all four parts of compilations of 100 important Supreme Court judgments of 2024 are given here for easy reference :Part 1 can be read here. Part 2 can be read here. Part 3 can be read here. Part 4 can be read here.Other Supreme Court Annual Round-up stories can be read...