Cycle-Tracks Not Priority When State Struggling To Provide Basic Needs Like Housing, Hospitals : Supreme Court Refuses To Entertain PIL

"People don't get water and housing. And we are day-dreaming talking about cycle tracks!"

'Abuse Of Process' : Supreme Court Quashes 'Cheating' Case Filed Against Parents Of Man For Breaking Marriage Promise

The Supreme Court recently dismissed a cheating case (Section 415 IPC) against the parents for facilitating the marriage of their son to another woman instead of the complainant. Given the complainant's maturity and background, including her 29 years of age, post-graduate degree, and professional experience, the Court found it difficult to believe the parents' conduct easily influenced...

'It's A Poem With Message Of Non-Violence' : Supreme Court Questions Gujarat FIR Against Congress MP Over Poem

The Court observed that the poem was not against any particular community and stressed the need to protect creativity.

'No Response By State On Enquiry Into Complaint Of Defence Witness Intimidation' : Supreme Court Stays Trial Against MP Congress MLA

The Supreme Court on Monday (February 10) stayed the trial in a cheating case against Congress Madhya Pradesh MLA Rajendra Bharti after taking note of his allegation that the defence witnesses are being pressurised.A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan passed the order in a petition filed by Bharti seeking to transfer the trial to another State. During the hearing,...

S.141 NI Act | 'Director Who's In Charge Of Company' & 'Director Who's Responsible To Company' Are Different Aspects: Supreme Court

The Supreme Court recently observed that there are twin requirements for an offence to fall under Section 141 of the Negotiable Instruments Act, which talks about the dishonour of a cheque committed by a company. Elucidating, the Court said that the accused person should be in charge of and responsible to the company for the conduct of the business.“There are twin requirements under...

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest – January 2025

Supreme Court:Plea In Supreme Court Challenges BSA's Electronic Evidence & Confession Provisions And BNS SectionsCase Title: Vinod Kumar Boinapally Versus Union Of India And Ors., W.P.(Crl.) No. 40/2025 (and connected case)Former MP Vinod Kumar Boinapally has moved the Supreme Court challenging certain provisions of the BNS and the BSA, which replaced the erstwhile penal laws viz. the IPC...

Supreme Court Acquits Man On Death Row, Cites Faulty Investigation & Gaps In Prosecution Case

The Supreme Court set aside the conviction of an accused (convicted of the death penalty) in a case for allegedly committing the gruesome murder of his six family members, including his four children and brother. The Court cited faulty investigation and flawed recovery of evidence by the Uttar Pradesh police."The fabric of the prosecution case is full of holes and holes which are impossible...

Provisions Against Arrest Of Women At Night Are Directory, Not Mandatory: Madras HC Sets Aside Departmental Proceedings Against Police Officers

The Madras High Court recently observed that Section 46(4) of CrPC and Section 43(5) of the BNSS Act which prevents the arrest of a woman after sunset and before sunrise is directory and not mandatory. The bench of Justice GR Swaminathan and Justice M Jothiraman explained that the provisions did not provide the consequences of non-compliance of the requirement. The court observed that...

Supreme Court Annual Digest 2024: POCSO Act

Protection of Children from Sexual Offences Act, 2012Sections 4, 6, 29 and 30 - Presumption under the POCSO Act – Applicability and Conviction - Sentence Modification - Socio-Economic Considerations - Parole Denial - The Supreme Court upheld the conviction of the appellant under Sections 302, 364, and 377 of IPC and Sections 4 and 6 of the POCSO Act for the aggravated penetrative sexual...

In Conversation With Justice Hrishikesh Roy On Challenges In The Profession; Women In Law & Artistic Expression

In an exclusive interview with Live Law, Supreme Court Judge, Justice Hrishikesh Roy spoke extensively on various pressing challenges the youngsters of the legal profession face today and his experience as a Judge who takes inspiration from artistic expression and thought.Justice Roy expressed the need for practical solutions to tackle the issue of low pay and ignorance of mental health in...

A Flawed Law And An Equally Flawed Interpretation Of That Law

A FLAWED LAW AND AN EQUALLY FLAWED INTERPRETATION OF THAT LAW (in Basanagouda R. Patil v. Shivananda S. Patil 2024 SCC OnLine Kar.96 and Suby Antony v. JFCM-III (2025) KHC OnLine 97) In an earlier article titled “Absurdity No: 1 in the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS” for short)” dated 13-03-2024, I had occasion to caution that Section 223 (1) BNSS lays down a “strange procedure” on a Magistrate receiving a “private complaint”. No judicial pronouncements on the above...

Prevention Of Money Laundering Act (PMLA): All India Annual Digest 2024

SUPREME COURTWhether the High Court was justified in quashing the summons issued to the respondent merely on the premise that the respondent was discharged in the predicate offence. The permissibility of continuing proceedings under the PMLA, despite the discharge in the predicate offence. Held, the issuance of summons cannot be quashed solely because the respondent has been discharged in...