Supreme court
Permanent Alimony Shouldn't Penalize Husband But Should Ensure Decent Living For Wife : Supreme Court Lists Out Factors
The Supreme Court on Tuesday (Dec. 10) directed a husband to grant permanent alimony of Rs. 5 Crores to the wife as a one-time settlement upon dissolution of the marriage. While directing the same, the bench comprising Justices Vikram Nath and Prasanna B. Varale stressed the father's obligation to maintain and care for his child and directed the husband to make a provision of Rs. 1 Crore...
S.498A IPC Often Used Against Husband & His Family To Meet Wife's Unreasonable Demands, Growing Tendency Of Misuse: Supreme Court
While quashing a Section 498-A IPC (cruelty) case against a husband and in-laws of the wife, the Supreme Court today (Dec.10) again cautioned about the tendency to implicate all the members of the husband's family when domestic disputes arise out of matrimonial discord. Also, the Court criticized the growing tendency to misuse provisions like Section 498-A IPC as a tool for unleashing...
S. 58(c) TPA | Mere Possession Of Property By Mortgagor Wouldn't Make 'Mortgage By Conditional Sale' A 'Simple Mortgage' : Supreme Court
The Supreme Court observed that allowing a mortgagor to stay in possession does not make the transaction a 'simple mortgage' if the deed specifies that the mortgagor's default in redeeming the property within the stipulated time would lead to transfer of the mortgage property to the mortgagee under 'mortgage by conditional sale' as per Section 58(c) of the Transfer of Property Act,...
Hindu Succession Act | Supreme Court Refers To Larger Bench Conflicting Opinions On Female Hindu's Rights Under S.14
The Supreme Court on Monday (Dec. 9) highlighted the inconsistencies and conflicting interpretations surrounding the interplay between Sections 14(1) and 14(2) of the Hindu Succession Act, 1956 (“HSA”) which deals with the rights of Hindu females in property inherited or possessed by them.The bench comprising Justice PS Narasimha and Justice Sandeep Mehta dealt with the...
Individuals Need Not File Separate Cases For Relief Granted To Others In Similar Cases Against Govt: Supreme Court
While granting relief to a female army officer by directing the grant of a permanent commission even though she had not pursued litigation, the Supreme Court reiterated that individuals are not required to separately litigate for the same relief that was obtained by other similarly situated individuals against the action of the government department. The reliefs granted to similarly...
Article 21 | Death Penalty Must Be Commuted If Inordinate Delay In Execution Is Caused By Circumstances Beyond Convict's Control: Supreme Court
The Supreme Court on Monday (December 9) held that inordinate delay in execution of death sentence have a dehumanizing effect on convicts and when such delays are caused by factors beyond the prisoners' control, the death sentence must be commuted to life imprisonment.“It is well established that Article 21 of the Constitution does not end with the pronouncement of the sentence but extends...
Supreme Court Rejects Claim For Promotion In NHAI Based On Service Rendered On Deputation
The Supreme Court on Monday (Dec. 9) observed that a deputation service could not be treated as a regular service for promotion if there was no continuity or a gap in the employee's deputation service. The bench comprising Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah heard the appeal filed by the National Highways Authority of India (“NHAI”) against the High Court's...
S. 300 IPC | Lacking Intention To Commit Murder Irrelevant If Bodily Injury Is Caused With Lethal Weapon, Likely To Cause Death : Supreme Court
The Supreme Court upheld the conviction of an individual for committing murder who, out of a scuffle, inflicted serious injury on vital parts of the deceased body with lethal weapons. The bench comprising Justice Vikram Nath and Justice Prasanna B Varale rejected the accused-appellant's argument that his act to commit murder was not intentional and premeditated, hence he cannot be punished...
Supreme Court Weekly Round-up: December 02, 2024 To December 08, 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...
Supreme Court Grants Permanent Commission to Woman Army Officer Who Was Denied Benefits Given To Similarly Situated Others
The Supreme Court on Monday (December 9) ruled in favor of a female Army Lieutenant Colonel, granting her permanent commission after she was unfairly left out while others in similar situations were extended the same benefit.The appellant-Lt. Col, commissioned as a Short Service Commission (SSC) Officer in the Army Dental Corps in 2008, assailed the Armed Forces Tribunal's (AFT) decision...
In Quashing Petition, Wider Challenge Is Available Than Discharge Petition : Supreme Court
The Supreme Court reiterated that an accused can still file a petition to quash criminal proceedings under Section 482 of the Criminal Procedure Code (Cr.P.C.) even after filing a charge sheet. It rejected the argument that the accused must wait for charges to be framed and then challenge an order framing charges through a revision application.The Court explained that in a quashing...