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Power Under Section 311 CrPC Cannot Be Invoked to Fill Lacunae in Defence, Order to Recall Rape Victim for Cross-Examination Quashed: Supreme Court
The Supreme Court has held that powers under Section 311 of the Code of Criminal Procedure, 1973 (CrPC) cannot be used merely to fill gaps or lacunae in the defence case. The Court set aside a Tripura High Court order which had permitted further cross-examination of a rape victim after a delay of nearly four years.…
Writ Jurisdiction Cannot Be Invoked to Challenge Arbitrator’s Decision Under Section 16 in Arbitration Matters: Supreme Court
The Supreme Court has held that High Courts cannot interfere with orders passed by arbitral tribunals under Section 16 of the Arbitration & Conciliation Act, 1996 while exercising writ jurisdiction. The Court clarified that even if an arbitral decision is alleged to be erroneous, the proper remedy lies under statutory…
Weak Circumstantial Evidence Cannot Sustain Conviction, Two Men Acquitted in Uttarakhand Rape-Murder Case: Supreme Court
The Supreme Court has acquitted two men who were earlier sentenced to death in a 2012 rape and murder case from Uttarakhand, holding that the prosecution failed to prove a complete and reliable chain of circumstantial evidence. The Court set aside the judgments of both the trial court and the Uttarakhand High Court…
Major Ruling Delivered in Family Dispute Over Kapurthala Royal Property Succession Rights: Supreme Court
The Supreme Court has delivered a major judgment on inheritance rights of former royal families and ruled that the rule of primogeniture cannot apply to private properties of ex-rulers. The Court clarified that private properties of former rulers will now devolve according to personal succession laws such as Hindu Law…
Kidnapping at Gunpoint Sufficient to Prove Threat Under Section 364A IPC, Life Sentence Upheld in UP Child Abduction Case: Supreme Court
The Supreme Court upheld the conviction and life imprisonment of two accused persons involved in the kidnapping of an eight-year-old child in Uttar Pradesh in the year 2003. The Court ruled that abducting a child at gunpoint itself satisfies the legal requirement of threat under Section 364A IPC, even if no separate…
CCI Action Against Amazon Over Alleged Non-Disclosure in FCPL Transaction Set Aside in Amazon-Future Deal: Supreme Court
The Supreme Court of India delivered a major judgment in favour of Amazon.com NV Investment Holdings LLC in the long-running dispute related to its investment in Future Coupons Private Limited. The Court held that Amazon had properly disclosed the structure of the transaction before the Competition Commission of India…
Office Bearer of Society Not Liable for Cheque Dishonour Unless Active Role in Conduct of Business Is Shown Under NI Act: Supreme Court
The Supreme Court has delivered an important judgment explaining the liability of office-bearers in cheque dishonour matters under the Negotiable Instruments Act, 1881. The Court ruled that merely holding a post or designation in a company or society is not enough to prosecute a person under Section 141 of the…
Divorce Granted to Army Officer and Doctor Wife Under Article 142, ₹50 Lakh Permanent Alimony Ordered: Supreme Court
Article 142 Constitution Of India Supreme Court Ends First Marriage Battle Of Army Officer And Dentist Wife, Orders ₹50 Lakh Permanent Alimony Background Of The Marriage Dispute The Supreme Court dissolved the marriage between Army officer Salil Dhawan and dentist Priyanshi Ghai after observing that the relationship…
Permission From Magistrate Necessary for Police to Conduct Further Investigation, Supreme Court Reiterates: Supreme Court
Code of Criminal Procedure News: Supreme Court Says Police Cannot Start Fresh Investigation Without Magistrate Permission After Closure Report Background of the Case The Supreme Court has delivered an important judgment regarding police powers in criminal investigations after filing of a closure report. The Court…
High Court Exercising Probate Jurisdiction Has Constitutional Power to Order Investigation into Irregularities in Estate: Supreme Court
The Supreme Court has ruled that a High Court exercising probate jurisdiction under the Indian Succession Act, 1925 has the power to direct a police investigation if serious irregularities or fraudulent activities are noticed during administration of a deceased person’s estate. The judgment was delivered by a bench of…
