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Child Rape and Murder Case | Death Penalty Commuted to 50 Years' Imprisonment; Conviction Upheld: Punjab and Haryana High Court
The Punjab and Haryana High Court has upheld the conviction of Anand Singh in the rape and murder case of a minor girl in Palwal, Haryana, but commuted the death sentence awarded by the trial court to life imprisonment with a minimum of 50 years of actual imprisonment without remission. A Division Bench comprising…
Delayed Accident Photos Cannot Override Credible Injured Eyewitness Testimony; Compensation to Victims' Families Restored: Supreme Court
The Supreme Court has restored compensation to the families of three school teachers who lost their lives in a road accident in Uttar Pradesh in 2002, holding that the accident occurred due to the rash and negligent driving of the tanker involved. A Bench comprising Justice Sanjay Karol and Justice Vipul M. Pancholi…
'No Interest' Clause on Security Deposits in Mining Contracts Upheld; Interest Payable Only for Delay Beyond Three Months: Supreme Court
The Supreme Court has held that courts cannot rewrite the terms of a commercial contract merely because one of the parties later considers a contractual condition to be unfair. In a significant ruling relating to a government mining contract, a Bench comprising Chief Justice Surya Kant and Justice V. Mohana upheld the…
Pre-2016 DRT Recovery Certificates Cannot Form the Basis for Insolvency Notice Under the Presidency Towns Insolvency Act: Supreme Court
The Supreme Court has held that a Recovery Certificate issued by the Debts Recovery Tribunal (DRT) before the 2016 amendment to the Recovery of Debts and Bankruptcy Act cannot be treated as a "decree or order" for initiating insolvency proceedings under Section 9(2) of the Presidency Towns Insolvency Act, 1909. A…
Section 19 of the JJ Act | Children's Court Must Pass a Reasoned Order Before Trying a Child as an Adult: Supreme Court
The Supreme Court has held that a Children's Court cannot proceed to try a child in conflict with law as an adult without first passing a reasoned order under Section 19(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015. Declaring the requirement mandatory, a Bench of Justice Aravind Kumar and…
CRPF Criticised for Removing Driver Who Developed Disability; ₹1.25 Crore Compensation Awarded: Supreme Court
The Supreme Court has held that the Central Reserve Police Force (CRPF) illegally removed a driver from service after he developed a visual disability during his employment instead of providing him an alternative post as required under Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of…
Matrimonial Courts Cannot Presume a Bride Entrusted Gold to Her Husband or In-Laws Without Evidence: Kerala High Court
The Kerala High Court has held that matrimonial courts cannot presume that a wife entrusted her gold ornaments to her husband or his family merely because such practices may have existed in the past. The Court observed that findings in matrimonial disputes must be based on evidence and not on speculation or outdated…
Long, Continuous Consensual Relationship Does Not Prima Facie Amount to Rape; Financial Dispute Held Predominantly Civil, Man Discharged: Allahabad High Court
The Allahabad High Court has discharged Saurabh Pal Singh from charges under Section 376, Section 420, Section 406, Section 504 and Section 506 of the Indian Penal Code along with Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act. Justice Santosh Rai held that the material collected during investigation did…
Section 408 CrPC | Can a Part-Heard Trial Be Transferred to the Original Judge's New Court Within the Same Division? Answered: Allahabad High Court
The Allahabad High Court has held that a Sessions Judge has the authority under Section 408 of the Code of Criminal Procedure to transfer a part-heard criminal trial to the new court of a judicial officer who has been transferred within the same Sessions Division, provided the new court has jurisdiction to try the…
Fixing Maintenance for Wife at 25% of Husband's Net Income Is Not Mandatory; Court May Award More or Less: Allahabad High Court
The Allahabad High Court has held that the commonly cited principle of awarding a wife 25% of the husband's net salary as maintenance is only a broad guideline and not a mandatory rule. The Court observed that every maintenance case must be decided on its own facts and circumstances, and courts have the discretion to…
