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Supreme Court Quashes Conviction For Stalking Due To Marriage Between Convict & Complainant
The Supreme Court recently quashed the conviction of a man for the offence of stalking (Section 354D) and criminal intimidation (Section 506) of the Indian Penal Code after noting that the convict and the complainant married each other during the pendency of the appeal before the Supreme Court.The appellant was tried for the offences of sexual harassment (Sections 11, 12 of POCSO Act),...
'Sentencing Shall Not Be A Lottery' : Supreme Court Recommends Union To Frame Sentencing Policy To Reduce Judge-Centric Disparities
Observing that there existed wide disparity in sentencing of convicts as it is completely judge-centric, the Supreme Court has recommended that the Union Government on the feasibility of introducing a comprehensive sentencing policy and a report thereon, within a period of six months“As it is an important aspect which has escaped the attention of the Government of India, we recommend...
Supreme Court Quarterly Digest On Code Of Criminal Procedure [Jan – Mar, 2024]
Sections 61, 70, 204, 437 - An accused cannot be taken into custody when he voluntarily surrenders before the Court even though the Court which has taken cognizance of the chargesheet has not issued a summoning order against him. Bail application filed by such an accused, who voluntarily surrendered even in the absence of a summoning order, cannot be entertained. (Para 10) Souvik Bhattacharya...
Supreme Court Monthly Round-Up: April 2024
Here's a comprehensive overview of the Supreme Court of India proceedings during April 2024. This monthly digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the month of April and also the updates of the Constitution bench hearing on the taxation matter of mineral-bearing lands and on overlapping...
Interview Also Be Done To Assess Suitability Of Judicial Officers For Promotion As District Judges In 65% Quota : Supreme Court Suggests
The Supreme Court in its recent judgement concerning the promotion of Judicial Officers by the Gujarat High Court, observed a few suggestions to enhance the 'suitability test' employed by the High Court for promoting judicial officers on the basis of 'Merit-cum-Seniority'. On May 17, the Court upheld the recommendations made by the High Court of Gujarat in 2023 for the promotion of Senior...
CrPC Not Retrospectively Applicable To J&K Before 31.10.2019; Prior Proceedings Should Comply With Old Law : Supreme Court
The Supreme Court has held that the Code of Criminal Procedure, 1973(CrPC) will apply to Jammu and Kashmir only with effect from 31.10.2019, the date when the Jammu and Kashmir Reorganization Act 2019 came into effect following the abrogation of the special status of J&K under Article 370 of the Constitution.The Court clarified that the CrPC will not have retrospective application to...
Hindu Succession Act | Hindu Woman Can Claim Full Ownership Of Property Under S.14(1) Only If She Possesses It : Supreme Court
The Supreme Court held that for a female Hindu to claim absolute ownership of an undivided property of a Hindu Undivided Family(HUF), she should have been in possession of the property.The bench comprising Justices BR Gavai and Sandeep Mehta, after referring to the statutory scheme and precedents, observed :“It is clear that for establishing full ownership on the undivided joint family...
Supreme Court Grants Interim Bail To PMLA Accused As Chargesheet Dropped Scheduled Offence
The Supreme Court on Friday (May 17) granted interim bail to a man who was arrested by the Enforcement Directorate after noting that there is no scheduled offence as per the Prevention of Money Laundering Act, 2002 (PMLA) against him in the chargesheet filed in the predicate case.The Court noted that the proceedings under the PMLA can be initiated only if offences mentioned in the schedule of...
Supreme Court To Consider Plea On Acid Attack Survivors' Challenges To Complete 'Live Photograph' Requirement Of e-KYC Process
The Supreme Court on Friday (May 17) agreed to consider the issue of the lack of guidelines for an inclusive digital KYC process for acid attack survivors and persons with permanent eye damage. The bench led by CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra issued a notice in the petition and termed it an 'important issue'. "It's an important issue, we will issue notice,...
Can Muslim Women Claim Equality In Succession? Can Will Be Executed For Entire Property As Per Mohammedan Law? Supreme Court To Decide
The Supreme Court has decided to determine, inter-alia, whether Muslim women have the right to claim equality in succession in light of Article 14 (Right to equality) and 15 (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) of the Indian constitution. The question arose before the bench of justices C.T Ravikumar and Rajesh Bindal, who...




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