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All States and Union Territories Directed to Frame Compassionate Release Policy for Elderly and Terminally Ill Prisoners Within Three Months: Supreme Court
The Supreme Court of India has delivered a significant judgment protecting the constitutional right to live with dignity by directing every State and Union Territory to formulate a comprehensive policy for the early or compassionate release of elderly and terminally ill prisoners within three months. The Court held…
Landowners Who Failed to Avail Opportunity of Hearing Cannot Later Allege Denial of Hearing Under the Land Acquisition Act: Supreme Court
The Supreme Court of India has dismissed appeals filed by landowners challenging the land acquisition proceedings for the Jaipur Metro Rail Project Phase II. The Court held that the landowners lost their right of personal hearing under Section 5A of the Land Acquisition Act, 1894 because, after filing objections, they…
Property Conveyed Through Sale Deed Cannot Be Altered by Rectification Deed Without Original Transferor's Consent: Supreme Court
The Supreme Court of India has ruled that a rectification deed cannot be used to change the identity of a property mentioned in an earlier sale deed unless the original transferor or seller is a party to such rectification. The Court held that a rectification deed can correct mistakes in an existing document but…
Three Men Acquitted in 1979 Murder Case Due to Glaring Infirmities in Prosecution: Supreme Court
The Supreme Court of India has acquitted three accused persons, namely Subedar, Hira Lal, and Raj Bux, who were convicted in connection with a murder case that took place in Gonda district, Uttar Pradesh, in 1977. A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta allowed the appeals and set aside the…
Rectification Deed Cannot Change Identity of Property Without Original Seller's Consent; Trial Court Verdict Restored: Supreme Court
The Supreme Court has held that a rectification deed cannot be used to substitute one property for another without the participation of the original transferor. In Venkatesha and Anr. vs. K.M. Venkatamuniyappa (D) Through LRs. & Ors., the Court restored the judgment of the Trial Court after finding that the plaintiff…
Article 227 Cannot Be Used to Stall Arbitration Proceedings; Gauhati High Court Orders Set Aside: Supreme Court
The Supreme Court has reaffirmed the principle of minimum judicial interference in arbitration proceedings by holding that High Courts should exercise extraordinary restraint while invoking their supervisory jurisdiction under Article 227 of the Constitution of India against orders passed by an arbitral tribunal under…
'Suspicion Cannot Replace Proof Beyond Reasonable Doubt': Husband Acquitted in 26-Year-Old Dowry Death Case: Supreme Court
The Supreme Court has acquitted Brajesh Kumar @ Birjesh Kumar Singh in a 26-year-old dowry death case, holding that the prosecution failed to prove the allegations beyond reasonable doubt. The Court found serious deficiencies in the investigation and trial, observing that crucial defence evidence was ignored,…
'Regulatory Compliance Cannot Be Ignored for Investor Gains': SEBI Action Against Kotak Mutual Fund in Essel Debt Case Upheld: Supreme Court
The Supreme Court has upheld the regulatory action taken by the Securities and Exchange Board of India (SEBI) against Kotak Mahindra Asset Management Company Ltd. (Kotak AMC), Kotak Mahindra Trustee Company Ltd. and several senior officials over violations relating to six Fixed Maturity Plans (FMPs) linked to debt…
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…
