Distressing To Witness Discrimination Against Women In Governance When Country Aspires To Be Economic Powerhouse: Supreme Court

While granting relief to a woman Sarpanch in Chattisgarh against her removal from office, the Supreme Court expressed concerns about the growing trend of bureaucratic harassment against female elected representatives.The Court observed that such recurring instances of bureaucratic officers exacting vendetta against female sarpanches by causing their removal from offices highlight a...

S.164 CrPC Statement Recorded By Judicial Magistrate Can't Be Retracted By Witness On Flimsy Grounds : Supreme Court

The Supreme Court observed that the statements recorded under Section 164 of Cr.P.C. cannot be easily retracted as greater amount of credibility is associated with such statements because they are recorded by a judicial magistrate. The bench comprising Justice Bela M Trivedi and Justice Satish Chandra Sharma heard a criminal appeal filed by the accused who challenged their conviction based...

Retired Employee Not Entitled To Retrospective Promotion Or Benefits Of Promotional Post After Retirement : Supreme Court

The Supreme Court on Wednesday (Nov. 27) held that an employee whose promotion was not effectuated before his retirement would not be entitled to retrospective promotion and the notional benefits attached to the promotion. The bench comprising Justice PS Narasimha and Justice Sandeep Mehta observed that “promotion only becomes effective upon the assumption of duties on the promotional post...

Not Necessary That Bribe Amount Should Be Substantial To Draw Presumption Under S.20 Prevention Of Corruption Act : Supreme Court

While convicting a government servant for taking a bribe of Rs.2000, the Supreme Court observed that it was not necessary for the amount involved to be substantial to draw the presumption under Section 20 of the Prevention of Corruption Act, 1988.As per Section 20(3), the Court has the discretion to refrain from drawing adverse presumption against the public servant if the amount involved...

Hasn't Laid Down That Sentence Can Be Suspended Only If Half Term Is Undergone : Supreme Court

The Supreme Court recently clarified that it has not laid down any proposition that post-conviction bail can be granted only if the convict has undergone half of the sentence.While considering a petition challenging the refusal of the Madhya Pradesh High Court to suspend sentence, the Court observed that the High Court has misunderstood its decision in Atul @ Ashutosh v. State of Madhya...

Born Christian Can't Invoke Doctrine Of Caste Eclipse For Revival Of Caste Claiming Reconversion As Hindu : Supreme Court

The Supreme Court noted that an individual born as a Christian cannot invoke the doctrine of eclipse of caste, as the caste system is not recognized in Christianity. The bench comprising Justice Pankaj Mithal and Justice R. Mahadevan clarified that the doctrine of caste eclipse applies only when a person practising caste-based religion converts to caste-less religion. In such cases,...

For Offence Of Rape On False Promise To Marry, Physical Relationship Must Be Shown To Be Only Based On Marriage Promise : Supreme Court

A recent Supreme Court judgment has given clarity as to when a consensual sexual relationship can amount to the offence of rape on the false promise of marriage.The Court observed that when a woman has maintained a physical relationship with a man for a long period, it cannot be said with certainty that such relationship was solely because of a promise made by the man to marry her. A woman...

S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts

The Supreme Court has sounded a word of caution to the Courts to ensure that distant relatives of a husband are not unnecessarily implicated in criminal cases filed at the instance of wife alleging domestic cruelty under Section 498A of the Indian Penal Code.A bench comprising Justice CT Ravikumar and Justice Rajesh Bindal made this observation while quashing the criminal proceedings against...

Routine Transfer Of Cases To CBI Overburdens It, Demoralises State Police Officers : Supreme Court

The Supreme Court recently observed that routine transfer of cases from state authorities to the Central Bureau of Investigation (CBI) overburdens 'premier investigating agency' of the country and has a 'very serious demoralizing impact' on officers of the state police.The observation came while the Court was dealing with State of West Bengal's challenge to a Calcutta High Court order,...

Religious Conversion Only To Avail Reservation Benefits Without Actual Belief Impermissible, Fraud On Constitution: Supreme Court

The Supreme Court upheld a Madras High Court decision denying a Scheduled Caste ("SC") certificate to a woman born as a Christian who claimed to be Hindu while applying for an Upper Division Clerk job in Puducherry. The Court ruled that religious conversion undertaken solely to access reservation benefits, without genuine belief in the adopted religion, undermines the fundamental...

Supreme Court Quarterly Criminal Digest 2024 [July - September]

Armed ForcesCivilian Killings - FIR and subsequent proceedings quashed due to absence of mandatory sanction under Section 6 of the Armed Forces (Special Powers) Act (AFSPA), 1958. Rabina Ghale v. Union of India, 2024 LiveLaw (SC) 707 : AIR 2024 SC 4547BailAccused in custody can seek anticipatory bail for another case. Dhanraj Aswani v. Amar S. Mulchandani, 2024 LiveLaw (SC) 675Accused need...

'Yamuna Expressway A Vital Heartline' : Supreme Court Upholds Land Acquisition For Yamuna Expressway Invoking Urgency Clause

The Supreme Court today upheld the land acquisition proceedings commenced under the Land Acquisition Act, 1894 (the Act), for the Yamuna Expressway Industrial Development Authority (YEIDA) project in Gautam Budh Nagar, Uttar Pradesh. The Court justified the State's act to invoke the urgency provisions under Sections 17(1) and 17(4) of the Act to bypass the hearing of objections under Section...