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Fresh Trial Ordered for Death Row Convict in 1996 Samleti Bus Bomb Blast Case Due to Ineffective Legal Representation: Supreme Court
Title Sections 302 and 120-B of the Indian Penal Code, Explosive Substances Act and Prevention of Damage to Public Property Act: Supreme Court Orders Fresh Trial in 1996 Samleti Bus Bomb Blast Case, Sets Aside Death Sentence of Dr. Abdul Hameed Case Background The Supreme Court has set aside the death sentence awarded…
Husband's Conviction for Wife's Murder Upheld; Extra-Marital Affair Found to Be an Established Motive: Supreme Court
The Supreme Court has upheld the conviction of Piyush Shyamdasani for the murder of his wife, holding that the prosecution successfully established the motive through circumstantial evidence, including a substantial number of telephone calls exchanged between him and the woman with whom he was allegedly having an…
Ex-Wife Cannot Claim 20% of Ex-Husband's Income After Receiving Full Divorce Settlement: Supreme Court
The Supreme Court has ruled that when a husband and wife have entered into a complete divorce settlement under the Hindu Marriage Act, 1955, and the husband has fulfilled the agreed lump sum payment, the wife cannot later seek enforcement of a temporary clause for payment of 20% of the husband's annual income if the…
Prescribing a Minimum Viva Voce Cut-Off for Judicial Appointments Is Reasonable: Supreme Court
The Supreme Court has upheld the validity of the proviso to Rule 41 Rajasthan Judicial Service Rules, 2010, which prescribed a minimum of 25% marks in the viva voce for appointment to the post of Additional District Judge from the advocates' quota. The Court held that prescribing a minimum qualifying benchmark in the…
Employer Cannot Defeat Claim for Compassionate Appointment by Delaying Its Processing: Supreme Court
The Supreme Court has ruled that an employer cannot keep an employee's application for voluntary retirement on medical grounds pending until the employee crosses the prescribed age limit and then reject the dependent's claim for compassionate appointment on that basis. The Court held that such an approach would allow…
Pending Civil Suits and Arbitration Claims Stand Extinguished After Approval of IBC Resolution Plan Unless Claims Are Crystallised: Supreme Court
The Supreme Court has held that pending civil suits and arbitration proceedings relating to operational creditor claims cannot continue after approval of a resolution plan under the Insolvency and Bankruptcy Code, 2016 if those claims had not become final, determinable and quantifiable before the approval of the…
Recovery of Dead Body Not Necessary for Murder Conviction: Supreme Court
The Supreme Court has upheld the conviction of Debojit Pankika Charaideo Sonari for the murder of a 10-year-old girl and for causing the disappearance of evidence. The Court ruled that the non-recovery of a dead body does not by itself defeat a prosecution for murder if the prosecution successfully establishes a…
Earlier Testimony of Deceased Witness Admissible Against Absconding Accused if Section 299 CrPC Conditions Are Fulfilled: Supreme Court
The Supreme Court has held that the testimony of a deceased witness recorded during the trial of co-accused can be relied upon against an accused who deliberately remained absconding, provided the mandatory conditions under Section 299 of the Code of Criminal Procedure were satisfied when the evidence was recorded.…
High Courts Cannot Reassess Factual Findings Under Article 226; Certiorari Jurisdiction Is Supervisory: Supreme Court
The Supreme Court has held that while exercising powers under Article 226 of the Constitution of India, a High Court cannot interfere with factual findings recorded by a civil appellate court merely because it takes a different view of the evidence. The Court clarified that interference is permissible only where there…
Refund Clause in Agreement to Sell Does Not Bar Purchaser's Right to Seek Specific Performance: Supreme Court
The Supreme Court of India has ruled that a clause in an agreement to sell providing for refund of earnest money in case of non-execution of the sale deed does not automatically release the seller from the obligation to complete the sale. The Court held that a buyer can still seek specific performance of the contract…
