'Highly Objectionable': Supreme Court Criticises Patna HC Remark That Widow Has No Use Of Make-up

The Supreme Court today (September 25) held that the sweeping remarks made by the Patna High Court that a widow does not need to wear make-up are highly questionable.In this case, the Supreme Court was hearing an appeal by seven accused persons convicted by the Trial Court and then by the Patna High Court in the abduction and murder of a woman over a dispute for property. The Court acquitted...

Domestic Violence Act | S. 25(2) Can Be Invoked Only Based On Change In Circumstances Which Occurred After S.12 Order Was Passed : Supreme Court

The Supreme Court held that alteration/modification/revocation of an order passed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act) can be sought through Section 25(2) only on the basis of change of circumstances which took place subsequent to the passing of the order. "..for the invocation of Section 25(2) of the Act, there must be a change in...

Consumer Protection | Right To File Written Statement Couldn't Be Foreclosed If Complaint's Copy Wasn't Supplied To Opposite Party : Supreme Court

In a recent consumer case, the Supreme Court permitted the opposite party to file a written statement in the consumer complaint after the expiry of the statutory time limit because a copy of the complaint was not served to him. It was a case where the appellant was denied the right to file a written statement in response to the consumer complaint. The National Consumer Dispute...

Supreme Court Sets Aside HC Judgment That Directed HMT & Union To Return Land Acquired By Them In Bengaluru

The Supreme Court set aside a judgment of the Karnataka High Court which directed HMT Ltd. and Union of India to either return land in Bangalore's Jarakabande Kaval village to heirs of a previous owner from whom it was requisitioned in 1941 or to compensate them by paying the present market value.The Court noted that the writ petition filed in the Karnataka High Court in 2006 was barred by...

Defendant Can Cross-Examine Plaintiff Even If Suit Is Proceeding Ex-Parte Against Him & Written Statement Isn't Filed : Supreme Court

The Supreme Court observed that the failure of the defendant to file a written submission would not foreclose its right to cross-examine the plaintiff's witnesses to prove the falsity of the plaintiff's case. “Even if a defendant does not file a written statement and the suit is ordered to proceed ex parte against him, the limited defence available to the defendant is not foreclosed....

'You Can't Call Any Part Of India As "Pakistan"' : Supreme Court Disapproves Of Karnataka HC Judge's Comments, Accepts Apology

The Supreme Court on Wednesday (September 25 ) cautioned that judges should avoid casual comments which are misogynistic and prejudicial to any community."You can't call any part of the territory of India as "Pakistan". It is fundamentally contrary to the territorial integrity of the nation", Chief Justice of India DY Chandrachud orally said expressing concerns about the remarks made by a...

Mere Grant Of Prosecution Sanction Against Central Govt Employee Not Reason To Put DPC Recommendations In Sealed Cover : Supreme Court

The Supreme Court has held that the mere grant of prosecution sanction against a Central Government employee is not a reason to put the recommendations of the Departmental Promotion Committee (DPC) in a sealed cover.The Court stated that by the mere grant of prosecution sanction, it cannot be said that the prosecution for a criminal charge so as to adopt the sealed cover procedure regarding...

Agreement For Sale Conveying Possession Must Be Stamped As 'Conveyance' Under Maharashtra Stampt Act : Supreme Court

The Supreme Court has observed that when an agreement for sale consists a clause to hand over possession of the property, then it has to be treated as "conveyance" for the purpose of the Maharashtra Stamp Act, 1958. Therefore, the liability to pay stamp duty will arise at the time of the execution of such an agreement for sale.The fact that a sale deed was ultimately executed in pursuance of...

Long Custody Will Enure To Benefit Of Accused For Bail When Delay In Trial Isn't His Fault : Supreme Court Grants Bail In PMLA Case

Observing that continued incarceration will enure to the benefit of the accused who is not responsible for the delay in trial, the Supreme Court granted bail to an accused in a money laundering case related to cattle smuggling across India-Bangladesh border."..a continued incarceration where the appellant is not entirely at fault for the completion of trial due to a prolonged delay, would...

Order VI Rule 17 CPC | Principles On Amendment Of Plaint : Supreme Court Explains

The Supreme Court observed that by way of an amendment to the plaint under Order VI Rule 17 of CPC, the plaintiff can introduce certain aspects that are necessary to determine the issues between the parties. The bench comprising Justices C.T. Ravikumar and Sanjay Karol heard a matter where the defendant objected to the plaintiff's application seeking an amendment to the plaint. The...

When Can Ignorance Of Law Be Taken As Defence?Supreme Court Explains

The Supreme Court recently held that neither unawareness of the law nor ignorance of law cannot be claimed as an excuse for storing or possessing child pornography in a plea taken by the accused that he was not aware of the fact that storing child pornography was a punishable offence under Section 15 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The accused had...

S. 34 Arbitration Act |Mere Violation Of Law Won't Make Arbitral Award Invalid, Fundamental Policy Of Law Must Be Violated : Supreme Court

The Supreme Court recently explained the scope for judicial interference in arbitral awards under section 34 the Arbitration and Conciliation Act on the ground of violation of public policy, highlighting that it is very limited, particularly after the 2015 amendment.A bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala, Justice Manoj Misra observed that mere violation of law...