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There Cant Be Part Acceptance & Part Rejection Of Prosecutrixs Statement : Supreme Court Acquits Man In Rape Case

The Supreme Court on Friday (September 25) acquitted a man of rape charges, observing that a court cannot partially reject the testimony of a prosecutrix while deciding one charge and then partially accept the same testimony to convict the accused for rape. A Bench of Justice Ujjal Bhuyan and Justice Atul S. Chandurkar set aside the Punjab & Haryana High Court's judgment, which had sustained the Appellant's rape conviction ordered by the Sessions Court. The conviction was based on that part...

Admiralty Law | Valid Bareboat Charter Termination Ends Demise Charter Without Physical Repossession : Supreme Court Vacates Vessel Arrest

In a significant ruling in the context of maritime and admiralty laws, the Supreme Court on Friday (September 25) has held that when a shipowner validly terminates a demise or bareboat charter, the charter comes to an end even if the owner has not yet physically taken back the vessel. A bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana heard the dispute concerning the arrest of vessel M.V. Nereus Progress under Section 5(1)(b) read with Section 5(2) of...

Supreme Court Grants S.479 BNSS Benefit to Undertrials In Cases Before July 1, 2024

The Supreme Court has held that a victim's appeal against an order of acquittal passed by a Magistrate lies before the Court of Session and not the High Court. “…when there is a conviction in a trial held by a Magistrate of the First Class or the Second Class, an appeal lies to the Sessions Court. Going by the proviso to Section 413 BNSS, an appeal filed by a victim against an order of acquittal also has to be before the Court to which an appeal ordinarily lies against the order of conviction...

Completed Trial Cannot Be Remanded Merely For Procedural Lapse Without Proof Of Prejudice : Supreme Court

The Supreme Court has held that a completed trial under Section 138 of the Negotiable Instruments Act cannot be remanded back to trial merely on the ground that the procedure relating to defence evidence was not followed, particularly when the accused has not demonstrated any prejudice. A bench of Justice JB Pardiwala and Justice K Vinod Chandran set aside the Kerala High Court's decision to order a fresh trial from the stage of defence evidence despite no ground urged by the accused before the...

Supreme Court Directs Centre, States To Implement 2026 ICU Guidelines, Sets Deadlines For Infrastructure & Recruitment

The Supreme Court has directed the Centre, States and Union Territories to implement the 2026 Guidelines for Organization and Delivery of Intensive Care Services, prescribing a maximum period of nine months for specified ICU infrastructure requirements and six months for recruitment of critical-care personnel. A bench of Justice Ahsanuddin Amanullah and Justice R. Mahadevan passed the directions in a case in which the Court has been monitoring the absence of uniform standards for ICUs and...

Failed To Prove Karta Sold Ancestral Property Without Legal Necesssity : Supreme Court Restores Dismissal Of Partition Suit

The Supreme Court has recently set aside a Karnataka High Court judgment that had decreed a suit for partition, holding that the plaintiffs had failed to prove that the sale of ancestral property by the karta was not backed by legal necessity, and that the failure of karta's wife to enter the witness box justified drawing an adverse inference against the plaintiffs.A bench of Justice Augustine George Masih and Justice Sandeep Mehta held so while hearing an appeal filed by the purchaser of the...

Sessions Court Cannot Impose Special Category Sentence Barring Statutory Remission And Commutation : Supreme Court

The Supreme Court on Thursday (September 24) reiterated that a Sessions Court cannot impose a special-category sentence directing a convict to remain in prison for the remainder of their natural life by excluding the statutory remission and commutation regime. “…we are of the view that there is no doubt that the Trial Court was competent to impose the punishment of imprisonment for life...

Article 311 Bar Not Attracted If Officer Removing Employee Is Equal In Status To Appointing Authority : Supreme Court

The Supreme Court today (24 September) has held that the constitutional protection under Article 311(1) of the Constitution is attracted only when the removing authority is subordinate in rank to the authority that made the appointment. It was also held that mere delegation of disciplinary powers to a subordinate officer under statutory rules does not trigger the constitutional bar. For...

S 156(3) CrPC Order Is Pre-Cognizance Step, Sanction Under S 197 CrPC Not Required At That Stage: Supreme Court

The Supreme Court has recently held that a Magistrate's direction under Section 156(3) of the Code of Criminal Procedure, 1973 (CrPC, now Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023) directing registration of an FIR and investigation is a pre-cognizance step, and the requirement of prior sanction under Section 197 CrPC (now Section 218 of the Bharatiya Nagarik Suraksha...

Parent Facing POCSO Prosecution Cannot Be Granted Custody, Supreme Court Permits Mother To Relocate Children To UK

The Supreme Court on Wednesday (September 23) permitted a mother to relocate her two minor children to the United Kingdom, while denying custody to the father who is facing prosecution under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The Court held that a parent facing prosecution under the POCSO Act cannot be considered entitled to custody of the children.The...