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Foreign Divorce Decree Against Indian Law & Change Of Citizenship Wont Shield Husband From Bigamy Prosecution : Supreme Court

The Supreme Court on Tuesday (November 3) upheld the bigamy proceedings against a man, who performed a second marriage abroad on the strength of a UK divorce decree on the ground of irretrievable breakdown of marriage after obtaining UK citizenship, and a failed attempt to end a marriage in India. Since the ground of irretrievable breakdown of marriage is not recognised under the Hindu Marriage Act, 1955, the Court said that a foreign divorce decree would not be enforceable in India as per...

Inadvertent Typographical Errors No Ground To Castigate Judicial Officer : Supreme Court Expunges Remarks Against Judge

The Supreme Court has expunged the adverse remarks and strictures recorded by the Rajasthan High Court in its judgment against a Special Judge, after finding that the High Court had made adverse remarks against a judicial officer without giving her a chance to be heard. “…we feel that the adverse observations and the strictures recorded by the High Court against the appellant-Judicial Officer were uncalled for and avoidable.”, observed a bench of Justice Sandeep Mehta and Justice Devendra Kumar...

S. 197 CrPC | Employees Of Govt. Companies Not Automatically Entitled To Sanction Protection : Supreme Court

The Supreme Court has held that employees of government companies and public sector undertakings cannot claim protection under Section 197 CrPC merely because they are classified as public servants. A bench of Justice Prashant Kumar Mishra and Justice Shree Chandrashekhar reiterated that employees of government instrumentalities do not automatically become government servants entitled to protection from prosecution without prior sanction. “An employee of a Government instrumentality, does not...

Bonded Labourers Must Get Rehabilitation Assistance Within 7 Days Of Release Certificate: Supreme Court

The Supreme Court on Monday held that rescued bonded labourers must be paid immediate financial assistance under the rehabilitation scheme ordinarily within seven days of issuance of release certificates, emphasising that delay in rehabilitation may effectively amount to denial of rehabilitation.“The importance of timely rehabilitation cannot be overstated. A person released from bonded labour is often left without an independent source of livelihood and remains vulnerable to further...

Supreme Court Upholds Condonation Of 423-Day Delay In Plea To Set Aside Ex Parte Decree On Condition To Deposit Rs 75 Lakh

The Supreme Court has recently upheld a Madras High Court Division Bench's order condoning a delay of 423 days in filing an application under Order IX Rule 13 of the Code of Civil Procedure, 1908 (CPC) to set aside an ex-parte decree. It also modified the condition imposed for condonation, holding that the Rs 75,000 which was directed to be paid to the plaintiff must instead be deposited with the High Court, subject to the final outcome of the proceedings.A bench of Justice Ujjal Bhuyan and...

S. 106 Evidence Act | Inmates Of Matrimonial Home Must Explain Unnatural Death Of Woman : Supreme Court

The Supreme Court on Monday (November 2) upheld the conviction of a man for committing the murder of his wife, who was subjected to continuous harassment over dowry demands. The accused's defence that her wife met with a tragic, accidental death, having suffered a sudden epileptic seizure while her was engaged in sexual intercourse with her, was rejected by a bench of Justice Sandeep Mehta and Justice Devendra Kumar Upadhyaya, noting that failure of the Appellant-husband to provide a cogent...