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High Courts Cannot Conduct ‘Mini-Trial’ While Deciding FIR Quashing Pleas; Karnataka Cases Restored: Supreme Court
The Supreme Court of India has clarified that High Courts do not have the authority to conduct a “mini-trial” or assess evidence when deciding petitions to quash FIRs under the Criminal Procedure Code. This landmark judgment emphasizes that courts must restrict their inquiry to the question of whether the FIR…
Order VII Rule 7 CPC | Court May Grant Lesser Relief, But Not a Completely Different Claim; Supreme Court Declines to Allow Partition in Title Suit: Supreme Court
The Supreme Court has recently clarified the scope of Order VII Rule 7 of the Civil Procedure Code (CPC), emphasizing that while the Court has the authority to grant a lesser or alternative relief based on the facts pleaded and proved, it cannot grant a relief that involves a completely different cause of action. This…
Constitutionality of Sentences Imposing Imprisonment for the Remainder of Natural Life Without Remission Upheld: Supreme Court
The Supreme Court has recently upheld the constitutionality of sentences directing imprisonment for the remainder of a convict's natural life without the possibility of remission. The Court dismissed several writ petitions that challenged such sentences, asserting that these punishments are valid under Indian law and…
Denial of Refund of Unused Additional FSI Premium for Housing Projects Is Arbitrary Under the MRTP Act: Supreme Court
The Supreme Court has recently held that landowners and developers cannot be denied a refund of the premium paid for unutilized additional Floor Space Index (FSI) solely because there is no specific legal provision expressly providing for such a refund. The Court emphasized that withholding the refund in such cases is…
Two UAPA Accused Granted Bail After 12 Years in Jail; Slow Trial Held to Violate Article 21: Supreme Court
The Supreme Court of India has granted bail to two accused persons under the Unlawful Activities (Prevention) Act (UAPA), marking a significant decision that highlights the importance of timely trial proceedings. The Court emphasized that the prolonged incarceration of the accused for nearly 12 years without a…
GST | ITC Available to Buyer Only if Supplier Has Paid Tax; Validity of Section 16(2)(c) of the CGST Act Upheld: Supreme Court
The Supreme Court of India recently upheld the constitutional validity of Section 16(2)(c) of the Central Goods and Services Tax (CGST) Act, 2017, affirming that a buyer can only avail Input Tax Credit (ITC) if the supplier has actually paid the collected tax to the government. The Court dismissed various petitions…
Registration Certificate Alone Is Not the Sole Factor for Interim Release of Seized Vehicles Under Section 457 CrPC: Supreme Court
The Supreme Court of India has recently clarified that the registration certificate of a vehicle alone does not determine the entitlement to interim custody under Sections 451 and 457 of the Code of Criminal Procedure, 1973. The Court emphasized that while registration is relevant, it is only an evidentiary factor and…
IBC Moratorium Does Not Shield Promoters; Homebuyers' Consumer Case Against Other Respondents Allowed: Supreme Court
The Supreme Court of India has delivered a landmark judgment clarifying that the moratorium imposed under the Insolvency and Bankruptcy Code (IBC), 2016, applies only to the corporate debtor and does not automatically extend protection to promoters, directors, or other respondents involved with the company. This…
POCSO Case Filed by Wife Against Husband's Sister Quashed: Supreme Court
The Supreme Court has recently quashed a POCSO case filed against a woman, who was accused by her divorced sister-in-law of molesting her nephew. The case was dismissed after the court found that the allegations lacked credibility and appeared to be part of a family dispute. The case highlights the importance of…
Materially Altered Cheque Cannot Sustain Conviction Under the NI Act: Supreme Court
The Supreme Court has clarified that a cheque which has been materially altered cannot be used as a basis for conviction under Section 138 of the Negotiable Instruments Act. The court emphasized that if the alteration of the cheque is evident on the face of the document, the conviction cannot be sustained, and the…
