Supreme court
Supreme Court Quashes S.498A IPC Case Filed By Wife Against Parents-in-Law 'With Ulterior Motive' To Force Husband To Consent For Divorce
The Supreme Court today (Dec. 20) quashed a domestic cruelty case under Section 498A IPC against the husband's parents which was registered with an ulterior motive by the daughter-in-law to force their son to consent to divorce.“These facts lead us to conclude that the proceedings were initiated with an ulterior motive of pressurizing the son of the appellant herein to consent to the divorce according to the terms of the complainant and the proceedings were used as a weapon by the complainant in...
Registry Cannot Refuse Listing Of Case Citing Procedural Defects When There Is A Judicial Order To List: Supreme Court
The Supreme Court on Friday (December 20) held that the Registry cannot defy specific order of the Court and refuse to list a case on the ground of procedural non-compliance.“When there is order of the court directing listing of the cases specifically assigned to this bench the registry cannot defy the order and refuse to list the case on the ground that there was non-compliance with procedural aspects”, the Court held.A bench of Justice Abhay Oka and Justice Augustine George Masih was hearing a...
Registration Of Gift Not Required Under Mohammedan Law : Supreme Court
The Supreme Court reiterated that the registration of gifts (Hiba) is not required under Mohammedan Law. If valid requisites of the gift (declaration, acceptance, and possession) are fulfilled, then the validity of the gift cannot be affected even if it remains unregistered, the Court said. “Thus, registration of gift is not required under Mohammedan Law and, the unwritten and unregistered gift executed by the donor in favour of donees is valid.” The essential requisites of a valid gift are:...
Employee Cannot Remain Absent From Work Citing Pending VRS Application : Supreme Court
The Supreme Court observed that an employee cannot remain absent from service merely because its Voluntary Retirement Service (“VRS”) application is pending. The bench comprising Justice AS Oka and Justice AG Masih was hearing the State of U.P.'s appeal against the Allahabad High Court's decision directing the reinstatement of the respondent employees who were terminated from the service because of their absenteeism from the service under the garb of pending VRS application. The respondent...
Supreme Court Sets Aside NCDRC Judgment Barring Banks From Charging More Than 30% Interest On Credit Card Dues
The Supreme Court today (December 20) set aside an order dated July 7, 2008, passed by the National Consumer Disputes Redressal Commission in Awaz & Ors v. RBI, whereby it held that charging of interest between 36% per annum to 50% per annum from the credit card holders is usurious/excessive rate of interest. The Commission set up a cap of 30% as the rate of interest on credit cards. The NCDRC held that it amounted to unfair trade practice because if considering the bargaining position...
'Defrauding Public, NOIDA's Agreement Arbitrary' : Supreme Court Rejects Plea To Levy Toll On Delhi-Noida Direct Flyway Commuters
The Supreme Court on Friday (December 20) rejected the plea of the Noida Toll Bridge Company Ltd. to impose tolls on the commuters of Delhi Noida Direct (DND) flyway. A bench comprising Justices Surya Kant and Ujjal Bhuyan rejected the company's appeal against Allahabad High Court's judgment of 2016 which struck down the concessionaire agreement in its favor, on the ground that it had recovered its costs and made sufficient profits. The High Court's ruling came in a PIL filed by...
Non-Compliance Of S.52A NDPS Act Not Ground For Bail; Irregular Seizure Won't Make Evidence Inadmissible: Supreme Court
The Supreme Court today (December 20) overturned the judgment of the Delhi High Court which held that the procedure mandated under Section 52A is mandatory. The Court held that the purpose of the insertion of Section 52A laying down the procedure for disposal of seized narcotics drugs or psychotropic substances was to ensure the early disposal of seized contraband and substances. It was inserted in 1989 as one of the measures to implement and give effect to the international Conventions.The...
Partition Of Property During Owner's Lifetime Impermissible In Mohammedan Law : Supreme Court
The Supreme Court reiterated that the partition of a property via gift deed during an owner's lifetime cannot be validated under Mohammedan Law. The Court stated that the concept of partition is not recognized under Mohammedan Law, and thus, a 'partition of property' through a gift deed cannot be upheld as valid due to the absence of a clear and unequivocal 'declaration' by the donor of the intention to make a gift.A bench comprising Justice CT Ravikumar and Justice Sanjay Karol was...
Summons Under PMLA Can't Be Quashed Merely Because Accused Was Discharged In Predicate Offence : Supreme Court
The Supreme Court yesterday (December 19) set aside an order of the Gauhati High Court which quashed summons under the Prevention of Money Laundering Act, 2002, (PMLA) to investigate proceeds of crime involved money laundering on grounds that the Respondent was discharged in scheduled offence (offences related to property in this case). A bench of Justices MM Sundresh and Aravind Kumar was hearing a challenge to the judgment of the Gauhati High Court dated January 3, whereby the summons...
Women Need To Realise That Beneficial Laws Aren't Means To Threaten, Domineer Or Extort From Their Husbands : Supreme Court
Once again expressing concerns about the misuse of domestic violence and dowry laws by disgruntled wives, the Supreme Court cautioned women not to abuse the laws which are meant for their protection.The Court observed that more often than not, provisions like Section 498A (cruelty), 376(rape), 377(unnatural sex), and 506(criminal intimidation) of the Indian Penal Code are invoked as a...
