Wife's Suicide Within 7 Years Of Marriage Won't Raise Presumption Of Husband's Abetment If There's No Evidence Of Cruelty: Supreme Court

Setting aside a husband's conviction for abetment of his wife's suicide, the Supreme Court recently held that by raising presumption under Section 113A of Evidence Act, a person cannot be held guilty for the offence under Section 306 of IPC when cogent evidence of harassment or cruelty is absent.To quote the observation, "mere fact that the deceased committed suicide within a period of...

'Our Criminal Justice System Itself Can Be A Punishment' : Supreme Court Says While Setting Aside Conviction In 30-Year-Old Case

Recently, the Supreme Court set aside the conviction of a man convicted for abetment to suicide of his wife, almost after 30 years of initiation of trial.While doing so, the Court lamented that the criminal justice system of India can itself be a punishment for the accused if it took 30 years for the criminal justice system to acquit the accused.“Before we part with this matter, we may...

Supreme Court Directs NewsClick Founder Prabir Purkayastha To Be Examined By AIIMS; Asks State To Bear Expenses Despite Its Protests

The Supreme Court on Tuesday (February 27), while hearing an application for NewsClick founder Prabir Purkayastha's release on medical grounds, directed a board to be constituted by All India Institute of Medical Science (AIIMS) to conduct an independent medical evaluation. The court also categorically stated that the State would have to bear the expenses for such evaluation.A bench of...

Registry Shouldn't Exercise Judicial Function, Can't Refuse Curative Petition Saying Review Was Dismissed In Open Court : Supreme Court

The Supreme Court recently set aside an order passed by one of its Registrars, vide which registration of a curative petition was declined because the underlying review petition was dismissed after open court hearing (not by circulation). The Court held that the order was contrary to the Supreme Court Rules, 2013 and the power being judicial in nature ought to have been exercised by a Bench...

Supreme Court Issues Contempt Notice To Patanjali Ayurved & Its MD For Misleading Ads On Medicinal Cures

The Supreme Court on Tuesday (February 27) came down heavily on Patanjali Ayurved for continuing to publish misleading advertisements regarding medicinal cures, despite making an assurance to the Court earlier in November last year that no such statements would be made.Prima facie observing that the company has violated the undertaking, the Court issued notice to Patanjali Ayurved and...

General Diary Entry Cannot Precede Registration of FIR, Except Where Preliminary Inquiry Is Needed: Supreme Court

The Supreme Court held that the information disclosing the commission of the cognizable offence needs to be recorded as a First Information Report ("FIR") in the form of a book and not in the General Diary maintained by the Police under the Police Act, 1861."In Lalita Kumari v. Government of Uttar Pradesh & Others, (2014) 2 SCC 1, the Constitution Bench of this Court while answering...

Sale Agreement With Minor Void, Not Enforceable In Law: Supreme Court

The Supreme Court reiterated that the contract entered by the minor is not enforceable under law."There is no dispute on the contention raised by the defendants in the suit that the appellant was a minor at the time of the said agreement dated 03.09.2007. Therefore, such contract with a minor, was rightly found to be a void contract by the High Court.", the Bench Comprising Justices...

'NHAI Machinery Only On Paper' : Supreme Court Expresses Concern At Highway Encroachments, Directs Regular Inspection & Action

Expressing concern over the non-removal of unauthorized occupations/encroachments on the national highways, the Supreme Court directed the National Highways Authority of India (“NHAI”), to come out with a scheme that will provide for firstly, regular inspection of the highways, secondly, the establishment of grievance redressal mechanism and thirdly taking prompt action based on...

When Police Officers Use Case Diary To Refresh Their Memory, Accused Gets Right To Rely On Case Diary To Cross-Examine : Supreme Court

The Supreme Court has held that an accused has a right to cross-examine a police officer as to the recording made in the case diary whenever the police officer uses to refresh his memory.Similarly, in a case where the court uses a case diary for the purpose of contradicting a police officer, then an accused is entitled to peruse the said statement so recorded which is relevant, and...

SCAORA Writes To CJI Requesting Fixing Of Final Daily List At Supplementary Stage Itself With No Alterations After That

The Supreme Court Advocates-on-Record Association (SCAORA) has written a letter to Chief Justice of India DY Chandrachud calling for fixing of the final daily list at the supplementary stage and disallowing any alteration thereafter.The letter states that the current practice is unprecedented and unknown to the Court, as well as causes immense problems for lawyers and litigants. It...

Food Safety and Standards Act Overrides Indian Penal Code; Simultaneous Prosecution Under Both Acts Not Possible : Supreme Court

The Supreme Court observed that if a case is registered against an accused for food adulteration under the Indian Penal Code, 1860 (“IPC”), then by virtue of the overriding effect of Section 89 of Food Safety and Standards Act, 2006 (“FSSA”), the proceedings under IPC cannot be continued against the accused.Reversing the decision of the High Court which refused to quash the...

Supreme Court Asks Bombay HC To Decide Bail Applications Expeditiously, Says Not Deciding Matters Of Personal Liberty Violates Article 21

The Supreme Court requested the Chief Justice of Bombay High Court to convey its request to all the Judges of the Bombay High Court exercising the criminal jurisdiction to decide the matter pertaining to bail/anticipatory bail as expeditiously as possible. “We, therefore, request the Hon'ble the Chief Justice of the High Court of Bombay to convey our request to all the learned...