S.498A IPC : How Supreme Court Raised Concerns About Misuse Of Anti-Dowry & Cruelty Laws Over Years

The recent tragic death of 34-yr old techie Atul Subhash, who is reported to have died by suicide due to marital discord with his wife and ensuing litigations, has sparked a debate around Section 498A of Indian Penal Code.Unfortunately though, the issue of misuse of women-centric laws - Section 498A IPC in particular - is not new. It has continued to surface over the years, with even the Supreme Court of India raising concerns about Section 498A IPC being exploited by disgruntled wives as a...

SARFAESI | Confirmed Sale Can't Be Set Aside For Mere Irregularities Except Fraud, Collusion, Inadequate Pricing, Under-bidding Etc

The Supreme Court recently explained the circumstances under which a sale of property by auction or other means under the SARFAESI Act can be set-aside after its confirmation.The Court held that mere procedural irregularities or deviation from rules are not grounds to set aside a confirmed sale unless such errors are fundamental in nature, such as fraud, collusion, inadequate pricing...

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed

The Supreme Court recently dismissed a Special Leave Petition challenging a Rajasthan High Court judgment that directed the appointment of a candidate in the Rajasthan Judicial Services Examination 2021. The candidate had been denied appointment based on pending FIRs against him, which were subsequently closed without charges being filed.A bench of Justice Hrishikesh Roy and Justice SVN...

Supreme Court Refuses To Give Scheduled Caste Benefit To 'Tanti' Caste Person In Bihar

The Supreme Court recently refused to extend the benefit of Scheduled Caste reservation to a Central Government employee who belonged to the 'Tanti' caste, which is notified as Other Backward Classes (OBC) category in Bihar.The employee was appointed as a Postal Assistant in the postal department in the year 1997 in the OBC category. In 2015, the Bihar Government removed 'Tanti' caste from...

Supreme Court To Hear Plea Against HC Ruling That Shouting 'Jai Sriram' Inside Mosque Won't Offend Religious Sentiments

The Supreme Court will hear a challenge against the judgment of the Karnataka High Court dated September 13 whereby, the High Court quashed criminal proceedings against two respondents accused of trespassing in a Mosque and shouting the Hindu religious slogan "Jai Sriram" by observing that "it is un-understandable as to how if someone shouts 'Jai Sriram' it would outrage the religious feeling...

Contempt Power Is Not Only For Violation Of Express Orders; Applies To Any Act Intended To Frustrate Judicial Process : Supreme Court

In a significant judgment, the Supreme Court observed that contempt jurisdiction is not confined only to violation of express judicial directions but also extends to acts which are intended to frustrate court proceedings or bypass the eventual judgment."The Contempt jurisdiction of the court extends beyond the mere direct disobedience of explicit orders or prohibitory directions issued by...

S.197 CrPC| Sanction Not Needed To Prosecute Police Officers Accused Of Lodging False Cases Or Fabricating Evidence : Supreme Court

The Supreme Court held that a police official who is accused of lodging a false case cannot claim that he cannot be prosecuted without the sanction under Section 197 of the Code of Criminal Procedure. The protection of Section 197 CrPC is available only for acts discharged in the course of official duties.Since fabrication of evidence and filing bogus cases are not part of the official duties...

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– November 2024

Supreme Court:Jail Superintendents Should Make Special Efforts To Identify Women Prisoners Eligible For Release U/s. 479 Of BNSS: Supreme CourtCase Title: In Re-Inhuman Conditions In 1382 PrisonsCitation : 2024 LiveLaw (SC) 908The Supreme Court on Tuesday (November 19) directed Jail Superintendents to make special efforts to identify women prisoners who may qualify for release under Section...

'One Nation, One Election' : How Constitution Is Proposed To Be Amended For Simultaneous Elections To Lok Sabha & State Assemblies

The 'One Nation, One Election' Bill, officially known as the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, will likely be tabled in the ongoing winter session of the Parliament by Arjun Ram Meghwal, Minister of State for Law & Justice and Minister of State of Parliamentary Affairs.The Bill proposes to insert Article 82A(simultaneous elections to the House of the People...

Though S.52 TP Act Doesn't Make Pendente Lite Transfer Void, Court Can Invalidate Such Sale Exercising Contempt Power : Supreme Court

The Supreme Court has held that the Courts can set aside a sale transaction, which was carried out in violation of its directions, as void in the exercise of its contempt jurisdiction.The Court held that although a sale transaction carried out during the pendency of court proceedings (pendente lite) would not become void due to the operation of the doctrine of lis pendens under Section 52 of...

UAPA | Error In Order Extending Time For Investigation No Ground For Default Bail When Chargesheet Has Been Filed : Supreme Court

The Supreme Court recently set aside an order of the Punjab and Haryana High Court dated May 12, 2023, for granting default bail under Unlawful Activities (Prevention Act), 1967 (UAPA) on grounds that the accused persons should benefit from default bail in the absence of lack of competent order whereby time was extended for the investigation agency to file chargesheet. A bench of Justices...

Reining in Excess: Punjab & Haryana High Court's Judgments Curtailing ED's Arbitrary Powers

The arrest and detention under the Prevention of Money Laundering Act often turn out to be a punishment due to the wide powers given to the Enforcement Directorate (ED) and its stringent bail provisions. The Supreme Court, in August, pointed out that after the amendment, over the past ten years, around 5,000 cases have been registered under the PMLA, but conviction has been obtained in only 40 cases.In the evolving jurisprudence of the Prevention of Money Laundering Act (PMLA), the Punjab and...