Section 397 IPC: Mere Exhibition, Brandishing Or Holding Weapon Openly By Offender To Threaten & Create Fear Or Apprehension In Mind Of Victim Is Sufficient: Supreme Court

The Supreme Court has observed that mere exhibition brandishing or holding a weapon openly by offender to threaten and create fear or apprehension in the mind of the victim is sufficient to constitute an offence u/s 397 IPC.The bench of CJI NV Ramana, Justices AS Bopanna and Hima Kohli was considering an appeal assailing Madhya Pradesh High Court's order of upholding the conviction by trial...

If Bail Order Lacks Reasons, Prosecution Or Informant Can Challenge It Before Higher Forum : Supreme Court

The Supreme Court held that if an order granting bail was bereft of relevant reasons then the same would entitle the prosecution or the informant to assail it before a higher forum. The Apex Court clarified that though elaborate reasons are not required to be assigned while granting bail, a cryptic order devoid of any reasoning is a blatant violation of the principles of...

CJI Ramana Expresses Deep Shock At Ludhiana Court Blast; Raises Concern About Lack Of Adequate Security In Courts

The Chief Justice of India, Shri Justice N. V. Ramana expressed deep shock at the incident of blast that occurred in Ludhiana District Court Complex today. Expressing grave concern at the lack of adequate security in court complexes, he hoped that the law enforcing agencies will pay necessary attention to ensure protection for the court complexes and all the stakeholders. Such...

Dowry Death Shall Be Presumed If It Is Shown That Wife Was Harassed For Dowry Soon Before Death : Supreme Court

The Supreme Court has observed that once the prosecution is able to establish that a woman was subjected to cruelty or harassment for or in connection with any demand for dowry soon before her death, the Court shall proceed on a presumption that the persons who have subjected her to cruelty with demand for dowry have caused dowry death u/s 304B of the Indian Penal Code.The bench of Chief...

Supreme Court Monthly Digest: November 2021 [Citation: LL 2021 SC 617 To LL 2021 SC 695]

1. Insurance Claim Liable To Be Rejected If Premium Was Not Paid On Due Date[Case: Life Insurance Corporation of India v. Sunita; Citation: LL 2021 SC 617]The Supreme Court observed that it is not permissible to rewrite the contract while interpreting the terms of the Insurance Policy. The bench of Justices Sanjiv Khanna and Bela M. Trivedi said that the terms of the insurance policy have to...

Bombay High Court Turns Down Plea By 8 Bhima Koregaon Accused For Factual Corrections In Order Denying Bail

The Court cited the bar under Section 362 CrPC in reviewing the order.

Mere Refusal To Marry After Sexual Relations Not Offence of Cheating : Bombay High Court

Mere refusal to marry a woman after a long relationship would not constitute the offence of 'cheating' under section 417 of the Indian Penal Code if there is no evidence of fraudulent misrepresentation of promise of marriage for sex, the Bombay High Court held. Justice Anuja Prabhudessai observed that in the instance case the couple had indulged in sexual relations for over three...

Plea In Delhi High Court Challenges Complete Ban On Gatherings At Religious Places During Christmas, New Year

A petition has been filed in the Delhi High Court challenging the orders of Delhi Government imposing a complete ban on religious gatherings during Christmas and New Year at religious places of worship. Filed through Advocates Manoj V George, Shilpa Liza George, Akriti Seth, Amit Kumar and Palak Arora, the plea states that while the Delhi Government had permitted bars, restaurants,...

NCDRC Can't Direct To Amend Pleadings As Complainant Is The 'Dominus Litis' : Supreme Court

Setting aside the NCDRC order for amendment of a complaint (seeking a direction to the insurer to settle the claim and make payment) to challenge the subsequent repudiation of the claim, the Supreme Court has affirmed that "the party which moves the forum is dominus litis and is entitled to decide whether or not to amend the pleading or to pursue the complaint, as it stands."The bench of...

Supreme Court Extends Last Date For Admission To Engineering Courses In The State Of Odisha(OJEE) Till December 31, 2021

Taking into account the disability of students in being unable to take the OJEE, the Supreme Court recently extended the last date for admission to engineering courses in the State of Odisha till December 31, 2021.The bench of Justices LN Rao, BR Gavai and BV Nagarathna had extended the last date while it was considering an application filed by Orissa Private Engineering Colleges...

Document's Author Need Not Be Examined If Signature Is Not Denied : Supreme Court

The Supreme Court has observed in its judgment delivered on December 16 that the examination of the author of a document is not required, if they had not denied their signature on the document, but only pleaded duress in execution of the same. "The High Court,in the impugned judgment, erred in holding that the appellant had not examined the author of the documents. Such reasoning is...

Candidate Cannot Alter Declaration Given About Correctness Of Details During Selection Process : Supreme Court

During a selection process, a candidate cannot attempt to deviate from a declaration made regarding the correctness of the detail furnished by him, so as to affect the position of others, held the Supreme Court in a recent decision.A bench comprising Justices DY Chandrachud and AS Bopanna observed so while allowing an appeal filed by the Madhya Pradesh Public Service Commission. The MP High...