Showing 1218 articles
False Promise of Marriage Invalidates Consent, Establishing Offence of Rape: Supreme Court
In a significant ruling, the Supreme Court of India, under Criminal Appeal No. 1368 of 2023, has delivered a judgment addressing issues related to consent, false promises, and the abuse of the legal process. The case involves Sheikh Arif as the appellant, facing charges under Sections 376(2), 377, 504, 506 of the…
Supreme Court Ruling on S.391 CrPC: Diligence at Trial Crucial for Seeking Additional Evidence at Appeal Stage
In a recent judgment (Criminal Appeal No(s). of 2024) by the Supreme Court of India, Justice Mehta delves into a case arising under Section 138 of the Negotiable Instruments Act, 1881. The judgment, dated January 29, 2024, provides a comprehensive analysis of the legal intricacies involved. Background: 1. The…
Supreme Court Clarifies: Conviction Under SC/ST Act Requires Modesty Offense Committed on Caste Grounds
In a significant ruling by the Supreme Court of India, Justice Mehta delivered a judgment on Criminal Appeal No(s). 6367 of 2023, arising out of Special Leave Petition (Criminal) No(s). 6367 of 2023, tackling a case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter…
Father’s Chamber can be allotted to Daughter only if she was in Practice on the Day of his Death: Supreme Court
In a recent development, the Supreme Court of India, in a case under Writ Petition (Civil) No. 48/2024, has dismissed the plea filed by Anamika Dewan against the Registrar, Supreme Court of India, and others. The case pertained to the allotment of a lawyer's chamber following the demise of Anamika Dewan's father, Shri…
Supreme Court Upholds Freedom of Speech: quashes defamation case by lawyer against newspaper owner
New Delhi, January 30, 2024: In a significant judgment, the Supreme Court of India has acquitted Sanjay Upadhya, the appellant and registered owner of the 'Sunday Blast' newspaper, in a criminal defamation case filed by Anand Dubey. The case was related to the publication of a news article on February 24, 2013, titled…
S.138 NI Act Allows Accused to Obtain Certified Copy of Specimen Signature from Bank in Dispute over Cheque Signature: Supreme Court
In a recent judgment, the Supreme Court of India has dismissed a criminal appeal filed by Ajitsinh Chehuji Rathod against the State of Gujarat & Anr. The case, arising from SLP(Crl.) No(s). 16641 of 2023, revolves around allegations of dishonor of a cheque amounting to Rs. 10 lakhs under Section 138 of the Negotiable…
Supreme Court orders all courts not to mention caste, religion of litigants in case papers
TRANSFER PETITION GRANTED: Supreme Court Orders Transfer of Restitution of Conjugal Rights Case In a significant development, the Supreme Court of India, exercising its Civil Original Jurisdiction, has granted a Transfer Petition (Civil) No. 1957 of 2023 under Section 25 of the Code of Civil Procedure, 1908. The case…
Supreme Court Upholds Ayurvedic Medical Officers' Pay Scale Dispute Decision: Clarifies Exclusivity of Benefits
In a recent landmark judgment, the Supreme Court of India, led by Justice Abhay S. Oka and Justice Pankaj Mithal, settled a long-standing dispute related to the pay scale of Ayurvedic Medical Officers. The case, identified as Civil Appeal No. 5933 of 2023, involved Dr. Balbir Singh Bhandari as the appellant and The…
Supreme Court quashes FIR, upholding validity of alleged marriage promise
New Delhi, January 3, 2024: In a significant judgment, the Supreme Court quashed Case Crime no.106 of 2016 in Criminal Appeal 32 of 2024, arising out of Special Leave Petition (Crl.) no.147 of 2017. The case involved Ajeet Singh, the appellant, against the State of Uttar Pradesh & Others. Factual Aspects: 1. Ajeet…
Dissenting Financial Creditors in Corporate Insolvency Resolution Plans Entitled to Minimum Value Equal to Security Interest: Supreme Court
In a significant development, the Supreme Court, in a recent judgment, provided crucial clarifications regarding the rights of dissenting financial creditors under the Insolvency and Bankruptcy Code (Amendment Act 2019). The judgment, delivered by a bench comprising Justice Sanjiv Khanna and Justice S.V.N. Bhatti,…
