Supreme Court Weekly Round-up: July 21, 2024 To July 27, 2024

Reports/JudgmentsSupreme Court Orders Rs 50 Lakh Compensation To J&K Police Officer Who Suffered Custodial Torture, Directs CBI ProbeCase Details: Khursheed Ahmad Chohan V. Union Of Territory Of Jammu And Kashmir And Ors.Citation : 2025 LiveLaw (SC) 732Reinforcing constitutional safeguards against custodial violence, the Supreme Court (July 21) ordered a Central Bureau of Investigation (CBI) probe into the alleged custodial torture of a police constable at the Joint Interrogation Centre (“JIC”) in Kupwara, Jammu and Kashmir.The Court directed immediate arrest of the police officers of the J&K police who were responsible for the abuse and ordered the Union Territory of J&K to pay a compensation of Rs. 50,00,000/- (Rupees Fifty Lakhs) to the appellant-victim Khursheed Ahmed Chauhan as restitution for the gross violation of his fundamental rights."Considering the gravity and magnitude of the custodial torture established through medical records and the institutional apathy that followed, we are of the considered opinion that this is a fit case for awarding compensation to the victim of the violence," the Court said."where the right to life and personal liberty under Article 21 of the Constitution of India are violated by State machinery, appropriate monetary compensation may be an effective remedy", the Court said, referencing DK Basu v. State of West Bengal (1997) 1SCC 416 and Nilabati Behera v. State of Orissa (1993) 2 SCC 746.'Savior Turned Devil': Supreme Court Cancels Bail Of Woman In-Charge Of Bihar Shelter Home Accused Of Trafficking InmatesCase Details: X V. State Of Bihar And Anr., SLP(Crl) No. 4335/2024Citation : 2025 LiveLaw (SC) 733The Supreme Court cancelled the bail granted to woman in-charge of a Bihar shelter home, accused of trafficking the shelter home residents and facilitating immoral activities."we are of the firm opinion that the present case is an exceptional one, wherein the grant of bail by the High Court to respondent No.2-accused by a cryptic order dated 18th January, 2024 has resulted into travesty of justice. Grant of bail to the person accused of such grave offences without assigning reasons shakes the conscience of the Court and would have an adverse impact on the society", a bench of Justices Vikram Nath and Sandeep Mehta observed.Registered Will Carries Presumption Of Genuineness; Burden Of Proof On Party Disputing Its Validity : Supreme CourtCase Details: Metpalli Lasum Bai (Since Dead) And Others V. Metapalli Muthaih(D) By Lrs.Citation : 2025 LiveLaw (SC) 734The Supreme Court reiterated that a registered 'Will' carries a presumption of due execution and genuineness, and the burden of proof lies heavily on the party challenging the Will.Holding so, the bench comprising Justice Vikram Nath and Justice Sandeep Mehta set aside the Andhra Pradesh High Court's decision judgment that had reduced the Appellant/Lasum Bai's share in the contested land, and upheld her absolute ownership based on a registered Will and an oral family arrangement.The Court held that the High Court erred in its reasoning, emphasizing that a registered Will carries a strong presumption of genuineness and this presumption stood reinforced in the present case, as the respondent, having admitted that the Will bore his father's signature, did not dispute its authenticity especially when the Will benefitted not only the appellant but also the respondent himself and his sister.No Arrest In 498A FIRs For 2 Months; Refer Cases To Family Welfare Committees : Supreme Court Endorses Allahabad HC GuidelinesCase Details: Shivangi Bansal v. Sahib BansalCitation : 2025 LiveLaw (SC) 735The Supreme Court endorsed the safeguards laid down by the Allahabad High Court regarding the establishment of the Family Welfare Committee (“FWC”) to prevent the misuse of Section 498A IPC(cruelty offence) in matrimonial disputes.The Court directed that the guidelines framed by the High Court will remain in effect and should be implemented by the authorities.Also from the judgment - Supreme Court Orders IPS Wife & Her Parents To Issue Public Apology To Husband & In-Laws For False Criminal Cases'Fraud Unravels Everything': Supreme Court Recalls Its Own Order Obtained By Fraud Back In 2022Case Details: Vishnu Vardhan @ Vishnu Pradhan v. State of Uttar Pradesh & Ors.Citation : 2025 LiveLaw (SC) 736In a significant ruling, the Supreme Court held that any judgment or order obtained by fraud is a nullity and can be challenged even in collateral proceedings, without necessarily being assailed in appeal, revision, or writ proceedings.A bench comprising Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan applied this principle to set aside its own 2022 judgment delivered in Reddy Veerana v. State of U.P., (2022) , observing that the decision had been fraudulently obtained and was therefore void.The Court held that if a High Court's decision, later upheld by the Supreme Court, was obtained by fraud, the aggrieved party may challenge it by filing an...

Supreme Court Weekly Round-up: July 21, 2024 To July 27, 2024

Amisha Shrivastava

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