Supreme court
Victims Of Offences Can File Appeal Against Acquittal u/s 372 CrPC Even If They Aren't Complainants: Supreme Court
The Supreme Court has held that "victim" of an offence has the right to file an appeal against the acquittal of the accused as per the proviso to Section 372 of the Code of Criminal Procedure (corresponding to Section 413 of the Bharatiya Nagarik Suraksha Sanhita), irrespective of whether they are the complainant or not.In other words, even if the victims themselves have not filed the...
Complainant In S.138 NI Act Case Can File Appeal Against Acquittal As 'Victim' Under S.372 Proviso CrPC : Supreme Court
In a significant judgment, the Supreme Court has held that a complainant in a cheque dishonour case for the offence under Section 138 of the Negotiable Instruments Act, 1881, is a "victim" within the meaning of Section 2(wa) of the Code of Criminal Procedure [Section 2(y) of Bharatiya Nagarik Suraksha Sanhita], who can file an appeal against acquittal under the proviso to Section 372 of the...
Supreme Court Asks Bombay HC Chief Justice To Look Into Pendency Of Landlord-Tenant Disputes
The Supreme Court has called on the Chief Justice of Bombay High Court to look into the pendency of landlord-tenant disputes across different courts and take appropriate action for timely disposal if many cases of inordinate delay are found.A bench of Justices Sanjay Karol and Manoj Misra recently ordered,"we request the learned Chief Justice, High Court of Judicature at Bombay, to take up...
Passing Of Any Law By Parliament Or State Legislature Can't Be Held To Be Contempt Of Court : Supreme Court
While closing the 2007 Salwa Judum case, the Supreme Court recently observed that any law made by the Parliament or a State Legislature cannot be held to be an act of contempt of Court."We also observe that the passing of an enactment subsequent to the order of this Court by the legislature of the State of Chhattisgarh cannot, in our view, be said to be an act of contempt of the order passed...
'Raises Questions About Accountability', Supreme Court Rebukes Gujarat's Commercial Court For 17 Years Delay In Issue Framing
The Supreme Court recently expressed displeasure over the Gujarat Commercial Civil Court's inaction to frame the issues in the recovery suit for more than 17 years. Further, the Court criticized the commercial court's arbitrary manner of concluding the suit by closing the plaintiff's evidence, followed by a consequential dismissal order. “What is shocking, however, is that the appellant...
Mere Scolding Of Student Not Abetment Of Suicide : Supreme Court Discharges Teacher In S.306 IPC Case
The Supreme Court recently discharged a teacher who had been accused of abetment to suicide after a student died by suicide following a scolding by the teacher. The Court said that no mens rea can be attributed to the accused as “no normal person could have imagined that a scolding, that too based on a complaint by a student, would result in such tragedy due to the student so scolded...
Divorced Wife Remaining Unmarried Entitled To Maintenance Reflective Of Standard Of Life She Had During Marriage: Supreme Court
The Supreme Court, in a recent ruling has enhanced the permanent alimony payable to the wife to ₹50,000 per month, nearly doubling the amount previously awarded by the Calcutta High Court, to ensure that she can live with the standard of living she enjoyed during the marriage and which reasonably secures her future.The Court observed that the appellant-wife, who has remained unmarried and...
