S. 353 IPC | Shouting & Threatening Someone Doesn't Amount To Assault : Supreme Court

The Supreme Court has observed that shouting and threatening someone doesn't amount to committing an offence of assault. The bench comprising Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah heard a case where the FIR under Section 353 of IPC (Assault) was registered against the Indian Institute of Astrophysics employee for shouting and threatening the CAT's Staff while inspecting...

Supreme Court Weekly Round-up: October 21, 2024 To October 27, 2024

IndexCitationsBank of Rajasthan Ltd. v. Commissioner of Income Tax 2024 LiveLaw (SC) 817Horrmal (Deceased) through his LRs and Ors. v. State of Haryana and Ors., SLP(C) No. 007963 - / 2023 2024 LiveLaw (SC) 818Mafabhai Motibhai Sagar v. State of Gujarat & Ors. 2024 LiveLaw (SC) 819Ratilal Jhaverbhai Parmar & Ors. v. State of Gujarat & Ors. 2024 LiveLaw (SC) 820Shyam Narayan Ram...

Police's Action To Take Possession Of Immovable Property Without Sanction Of Law Reflects Lawlessness : Supreme Court

In a recent case, the Supreme Court disapproved of the police's action to take possession of the immovable property by taking keys of the property under an application filed by the litigant. “We believe that this action by the police to take possession of immovable property reflects total lawlessness. Under no circumstances, can the police be allowed to interfere with the possession...

Bail Condition That Accused Shall Furnish Bail Bonds 6 Months After Passing Of Order Can't Be Imposed : Supreme Court

The Supreme Court recently (October 24) dismissed two special leave petitions challenging the bail orders of the Patna High Court. It set aside the orders passed by the High Court and remitted the matter back to the High Court for a fresh hearing on merits, not before orally remarking that they have repeatedly witnessed bail orders passed by the High Court without assigning reasons.The...

Oral Dying Declaration Made To Close Relatives Requires Cautious Assessment Before Being Used To Convict Accused : Supreme Court

The Supreme Court observed that when the conviction was based on the deceased's oral dying declaration to a close relative, the courts must exercise due caution in believing the testimony of the close relative to convict the accused. The bench comprising Justice CT Ravikumar and Justice Sudhanshu Dhulia heard a case where the prosecution tried to prove the guilt of the accused based on the...

Employee In Supervisory Capacity, Drawing Wages Exceeding 10k Per Month Not 'Workman' Under Industrial Disputes Act: Supreme Court

The Supreme Court recently held that an employee did not come within the definition of "workman" under Section 2(s) of the Industrial Disputes Act, 1947 (as amended on 2010) because he was employed in a supervisory capacity and drew wages exceeding Rs. 1,600 (now Rs.10,000/- per month as per 2010 amendment). The Court applied the pre-amended provision since the employee's service was...

S.106 Evidence Act | Accused Has Duty To Offer Explanations When Offence Was Committed Within Privacy Of Their House : Supreme Court

The Supreme Court observed that when the offence was committed in the presence of the accused in the privacy of their house, then their failure to offer explanations can be treated as an adverse circumstance against them as per Section 106 of the Indian Evidence Act, 1872 (“IEA”).The bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma heard a criminal appeal filed by...

Supreme Court Monthly Digest- August 2024 With Statute And Subject Wise Index

Ancient Monuments and Archaeological Sites and Remains Act, 1958Monument of national importance - Protection of a structure known as the Gumti - The petitioner challenged the dismissal of his writ petition by the Delhi High Court, which followed the Archaeological Survey of India's (ASI) report that changes made by the Defence Colony Welfare Association (DCWA) to the Gumti resulted in its loss...

S. 498A IPC | Courts Must Identify Instances Of Over Implication Of Persons In Cases & Avert Undue Suffering To Them: Supreme Court

Recently, the Supreme Court expressed dismay over the tendency to over-implicate the persons and to present an exaggerated version in Section 498-A IPC domestic cruelty cases. “We are of the view that in view of such circumstances, the courts have to be careful to identify instances of over implication and to avert the suffering of ignominy and inexpiable consequences, by such persons.”,...

S. 126 TPA | Gift Deed Can't Be Revoked Ordinarily, More Particularly When No Right Of Revocation Is Reserved In Deed : Supreme Court

The Supreme Court observed that a gift deed could not be revoked ordinarily, especially when no right of revocation is reserved in the deed. The judgment also explained the conditions to revoke a gift deed as per Section 126 of the Transfer of Property Act,The bench comprising Justice Pankaj Mithal and Justice Ujjal Bhuyan said that when the gift deed was executed by the donor in favor of...

Impossible Condition To Deposit Money Shouldn't Be Imposed To Suspend Sentence : Supreme Court

The Supreme Court today (October 24) held that if a condition to deposit an amount imposed by the appellate court while suspending sentence of a convict is impossible for the appellant to comply with, it may defeat the right to appeal and violate appellant's right under Article 21 of the Constitution.“Whenever a prayer is for suspension of the sentence of fine, the Appellate Court must...

When Title Declaration Suit Seeks Possession Recovery Also, Limitation Period For Possession Recovery Applicable : Supreme Court

The Supreme Court observed that when along with a suit for declaration of title, a further relief is sought, the limitation period would be governed by the Article governing the suit for such further relief. In other words, the bench comprising Justice Pankaj Mithal and Justice Ujjal Bhuyan explained that if in a suit for declaration of title, a further relief of recovery of possession is...