Supreme court
Family Court's Finding Regarding Previous Marriage Can Be Relied On To Quash Complaint About Bigamy Under Section 494/495 IPC : Supreme Court
The Supreme Court recently observed that a High Court's decision to allow the criminal proceeding to proceed for offences under Sections 494 and 495 of the Indian Penal Code - which deal with bigamy - despite the Family Court's finding that the wife did not have a subsisting prior marriage, would constitute an abuse of the process.The Cout observed reference to the Family Court's...
Consent Given During Prior Sexual Acts Won't Extend To Future Occasions: Punjab And Haryana High Court
Stressing that law acknowledges a woman's right to have a sexual relationship, the Punjab and Haryana High Court has recently observed that the consent given during prior sexual acts won't extend to future occasions. The Bench of Justice Vivek Puri further remarked that the withdrawal of the consent for sexual act effectively nullifies the earlier consent and therefore, forcibly...
Supreme Court Cancels Bail of Murder Accused; Says Patna High Court Ignored Gravity, Nature & Seriousness of Crime
On Monday, the Supreme Court pulled up the Patna High Court while hearing a challenge to a decision of the High Court granting bail to the accused. Setting aside the decision and quashing the bail granted, a Division Bench of M.R. Shah and Sanjiv Khanna noted that the High Court did not record reasons for the grant of bail, not considering the gravity nature and seriousness of the...
'This Heated Exchange Enriches Us': Bombay HC CJ After Navroz Seervai's Arguments In Maharashtra DGP Matter
There was an intense hearing session in the Bombay High Court yesterday in the case relating to the appointment of the Director-General of Police of Maharashtra, with Senior Advocate Navroz Seervai, appearing for the Acting DGP Sanjay Pandey, seeking the right to be heard in the matter.A bench led by Chief Justice Dipankar Dutta was hearing a PIL seeking directions to the State Government to...
Leniency Can't Be Shown For Drunken Driving Merely Because No Major Accident Occurred : Supreme Court
While dealing with the case of an employee's dismissal from service after being found guilty of driving under influence of alcohol, the Supreme Court of India has observed that merely because no major accident occurred leneincy can't be shown for the micconduct of drunken driving. The Court stated that driving a vehicle under the influence of alcohol is not only a misconduct but it is an...
Section 372 CrPC - Victim's Right To Prefer Appeal Against Acquittal Absolute, Not Necessary To Obtain Special Leave: Supreme Court
The Supreme Court observed that the right provided to the victim to prefer an appeal against the order of acquittal is an absolute right and there is no necessity to obtain a special leave."The victim has not to pray for grant of special leave to appeal, as the victim has a statutory right of appeal under Section 372 proviso and the proviso to Section 372 does not stipulate any condition...
73rd Republic Day: The Promise of Purna Swaraj
The 26th of January every year is celebrated as the Republic Day- to commemorate the adoption of the Indian Constitution which came into effect on this day in the year 1950. In Indian political history, three dates hold special significance- 15th August, 1947 the day on which India won Independence; 26th November, 1949 as the day on which the Constitution of India was adopted by the Indian Constituent Assembly and 26th January, 1950 the day on which the Constitution came into...
Mandamus Cannot Be Issued To Provide For Reservation: Supreme Court
The Supreme Court observed that no mandamus can be issued to the State Government to provide for reservation.The bench comprising Justices MR Shah and BV Nagarathna observed thus while quashing a direction issued by Punjab and Haryana High Court to provide for a sports quota of 3% in Government Medical/Dental Colleges in the State of Punjab.In this case, the High Court of Punjab & Haryana...
Vaccination For Persons With Disabilities: Supreme Court Asks Social Justice Ministry To Invite Suggestions From Stakeholders And Domain Experts
As regards vaccination for persons with disabilities, the Supreme Court on Tuesday directed that the Department for Empowerment of PWD(which is under the Union Ministry of Social Justice and Empowerement) invite suggestions from stakeholders and domain experts as regards existing facilities and proposals for further upgradation, and place the same before the Health Ministry which may...
Fake MACT Claims : Supreme Court Asks MoRTH & NIC To Finalize Portal To Tackle The Issue
In the matter related to fake claim petitions being filed before Motor Accident Claims Tribunals (MACT), the Supreme Court on Tuesday took note of the fresh, comprehensive information form being finalised by the Ministry of Road Transport and Highways ("MoRTH") in consultation with the National Informatics Centre ("NIC"). On the last date of hearing (14.12.2021), the Apex Court had asked...
High Court While Exercising Revisional Jurisdiction Under Section 401 CrPC Cannot Convert Acquittal Into Conviction: Supreme Court
The Supreme Court observed that a High Court while exercising revisional jurisdiction under Section 401 of Code of Criminal Procedure cannot convert a finding of acquittal into one of conviction."If the order of acquittal has been passed by the trial Court, the High Court may remit the matter to the trial Court and even direct retrial. However, if the order of acquittal is passed by the...