Supreme court
UAPA | Error In Order Extending Time For Investigation No Ground For Default Bail When Chargesheet Has Been Filed : Supreme Court
The Supreme Court recently set aside an order of the Punjab and Haryana High Court dated May 12, 2023, for granting default bail under Unlawful Activities (Prevention Act), 1967 (UAPA) on grounds that the accused persons should benefit from default bail in the absence of lack of competent order whereby time was extended for the investigation agency to file chargesheet. A bench of Justices...
Courts Must Avoid Premature Staying Or Quashing Of Criminal Trials At Preliminary Stage : Supreme Court
The Supreme Court emphasized that courts should avoid prematurely staying or quashing criminal trials, as this could harm the evidence that needs to be presented during the trial. “Courts must avoid the premature staying or quashing of criminal trials at the preliminary stage since such a measure may cause great damage to the evidence that may have to be adduced before the appropriate...
Husband's Girlfriend Or Romantic Partner Can't Be Made Accused In S.498A IPC Case : Supreme Court
The Supreme Court held that a criminal case for cruelty under Section 498A of the Indian Penal Code cannot be sustained against a woman with whom the husband had an extra-marital affair. Because, such a woman would not come within the ambit of the term "relative" under Section 498A IPC.Holding so, a bench comprising Justice BR Gavai and Justice KV Viswanathan quashed a criminal case against...
S. 58 NDPS Act | Proceedings Against Police Officials For Alleged Misconduct In Investigation Ought To Be Tried Summarily : Supreme Court
The Supreme Court today (Dec. 13) granted relief to a retired IPS Officer, quashing a summons issued by a Special Judge and the subsequent proceedings under Section 58 of the Narcotic Drugs and Psychotropic Substances (“NDPS”) Act, 1985 over allegations of misconduct during her tenure as SP, Kurukshetra, in a narcotics case investigation. The Court said that the Special Judge is...
Order 23 Rule 3 CPC | Only Remedy Against Compromise Decree Is Recall Application Before Court Which Recorded Compromise : Supreme Court
The Supreme Court ruled that if the compromise entered between the parties was not adhered to, there is no bar to filing a recall application seeking restoration of the proceedings under Order 23 Rule 3 of the Code of Civil Procedure, 1908 (“CPC”). The Court emphasized that the validity and legality of a compromise agreement can be challenged even after a decree is passed.The Court...
Partha Chatterjee's Bail : Supreme Court Sets Deadline For His Custody In ED Case As Feb 1, 2025; Expedites Trial
The Supreme Court on Friday (December 13) directed that former West Bengal Education Minister and MLA Partha Chatterjee can be released on bail on or before February 1, 2025, in the money laundering case arising out of a recruitment scam.The Court directed the trial court to decide on framing of charges before the commencement of winter vacations or before December 31, 2024, whichever is...
'Land A Precious Resource, State Must Be Transparent In Distribution': Supreme Court Quashes Maharashtra Govt's Land Allotment To Pvt Doctors
Citing arbitrariness in the allotment process, the Supreme Court (Dec.12) set aside the allotment of land made by the Maharashtra Government in favor of the Medinova Regal Co-operative Housing Society (“MRCHS”) to provide housing facilities to the doctors working at Tata Memorial Hospital. While doing so, the Court underscored the need to maintain transparency in the distribution...
Mere Harassment Not Abetment Of Suicide : Supreme Court Discharges Husband In Wife's Suicide Case
Mere harassment is not sufficient to hold an accused guilty of abetment of suicide under Section 306 of the Indian Penal Code, held the Supreme Court while discharging a husband in a case related to the suicide of his wife."Mere allegations of harassment are not enough unless the accused's actions were so compelling that the victim perceived no alternative but to take their own life.Such...
S. 197 CrPC | Sanction For Prosecution Needed When Alleged Offence Was Connected To Discharge Of Official Duties : Supreme Court
The Supreme Court recently quashed a criminal case and summoning order against a District Town Planner, ruling that no prior sanction under Section 197 of the Cr.P.C. was obtained for prosecuting her demolition actions, which were part of her official duties carried out under senior's instructions. “we observe that the first respondent herein ought to have sought sanction for prosecution...
Disputes Falling Exclusively Within Jurisdiction Of Statutory Authorities Aren't Arbitrable : Supreme Court Reiterates
The Supreme Court recently reaffirmed that disputes falling exclusively within the jurisdiction of statutory authorities are not arbitrable.While holding so, the bench comprising Justices PS Narasimha and Sandeep Mehta ruled that the dispute related to wages and termination of an employee were non-arbitrable and would be exclusively dealt with by the statutory authorities established under...
Gift Deed Condition Requiring Donee To Give Perpetual Services Without Remuneration Is Forced Labour & Unconstitutional : Supreme Court
The Supreme Court has held that a gift deed which is conditioned upon perpetual rendering of services, without any remuneration would amount to a “begar” or forced labour, even slavery and therefore it is not just wrong or illegal but even unconstitutional.A bench comprising Justice Sudhanshu Dhulia and Justice Prasanna B Varale while considering an oral gift deed of 1953, which had...