Showing 1213 articles
Government Cannot Act Contrary to Its Own Policy; Naming of Rajasthan Villages After Individuals Quashed: Supreme Court
The Supreme Court of India has ruled that the State Government of Rajasthan acted unlawfully by naming newly created revenue villages after private individuals, in violation of its own binding government policy. The Court restored the order of a Single Judge of the Rajasthan High Court which had quashed such village…
Court Order Granting Bail to Accused Allegedly Murdering Witness While on Bail Set Aside as ‘Manifestly Perverse’: Supreme Court
The Supreme Court of India has set aside the bail granted by the Madurai Bench of the Madras High Court to accused persons in a murder case, holding that the order was perverse, arbitrary, and reflected non-application of mind. The bench comprising Justice B.V. Nagarathna and Justice R. Mahadevan noted that the High…
Mutation of Revenue Records Can Be Effected on the Basis of a Will: Supreme Court
The Supreme Court of India has held that there is no legal bar on carrying out mutation of land records on the basis of a registered will. The Court clarified that mutation cannot be denied merely because the claim is founded on a testamentary document, setting aside the order of the Madhya Pradesh High Court and…
13-Year-Old Robbery Case Quashed Citing Exam Alibi, Property Dispute and Passage of Time in Uttar Pradesh Matter: Supreme Court
The Gujarat High Court recently restored the rights of Aparajita Energy Private Limited over its detained cargo of distillate marine fuel, seizing attention over allegations that the imported fuel was disguised diesel. The matter came up before a Division Bench of Justices A.S. Supehia and Pranav Trivedi, who reviewed…
Notice Issued and Interim Protection from Arrest Granted to Harjit Kaur in Punjab Fraud Case: Supreme Court
The Supreme Court of India has restored the execution of a long-pending decree for the sale of a property in Panchkula, ruling that a minor delay in payment cannot defeat a lawful contract. The Bench emphasized that courts must adopt a practical approach and should not take a hyper-technical view when the buyer’s…
Power under Section 311 CrPC Must Be Invoked Sparingly and Only When Evidence Is Indispensable to Discover the Truth: Supreme Court
The Supreme Court of India has laid down clear principles on the use of Section 311 of the Code of Criminal Procedure while setting aside a Gujarat High Court order that permitted the prosecution to recall and examine a minor child witness at a very late stage of trial. The Court held that the power to recall…
Dowry Cruelty Case Against Husband Quashed; Vague Allegations Cannot Justify Criminal Trial under IPC 498A: Supreme Court
The Supreme Court of India has clearly explained the difference between real matrimonial cruelty and loosely framed criminal allegations while dealing with a case under Section 498A of the Indian Penal Code and the Dowry Prohibition Act. The Court ruled that vague and general accusations cannot force a husband to…
Cheque Bounce Proceedings Restored; Court Says High Court Overstepped by Quashing Case at a Premature Stage: Supreme Court
The Supreme Court of India has revived a cheque bounce criminal case that was prematurely quashed by the Patna High Court, holding that criminal proceedings under the cheque law should not be terminated at the threshold without a full trial. The Court emphasised that once issuance and dishonour of a cheque are shown,…
Trial Court Order Restored; Late Examination of Minor Child Witness Barred in Gujarat Dowry Death Case: Supreme Court
The Supreme Court of India has pulled up the Gujarat High Court for allowing a late-stage change in a long-pending dowry death trial by permitting the examination of a minor child as a prosecution witness. The apex court restored the trial court’s refusal, holding that criminal trials cannot be endlessly prolonged on…
Passport Renewal Cannot Be Denied Due to Pendency of Criminal Case When Trial Court Has Permitted Renewal: Supreme Court
The Supreme Court of India has reaffirmed that the right to travel abroad and the right to hold a passport are integral parts of personal liberty guaranteed under Article 21 of the Constitution of India. The Court held that merely because criminal proceedings are pending, a citizen cannot be subjected to an indefinite…
