S.498A IPC | One Trivial Instance Not Sufficient For 'Cruelty' : Supreme Court Quashes Case Against Husband's Sisters & Cousins

Recently, the Supreme Court (on November 30) while quashing the criminal proceedings for the offence of cruelty under Section 498A of the Indian Penal Code, 1860, observed that one occurrence, unless serious, with no clear evidence of involvement in the complainant's life, is not sufficient to implicate a person under this provision. “One instance unless portentous, in the absence of...

Supreme Court Restores Cheating Case Against Fugitive Mehul Choksi & Wife; Says Gujarat HC Erred In Quashing FIR

The Supreme Court recently set aside a 2017 judgment of the Gujarat High Court which quashed an FIR registered by the Gujarat Police in 2015 against businessman Mehul Chinubhai Choksi, who turned fugitive and left India in 2017 following the PNB loan scam case.The FIR in the present case was registered by Ahmedabad Police for the offences of criminal breach of trust, cheating, forgery...

Supreme Court Asks Army To Frame Policy On Women Officers' Promotion

The Supreme Court on December 4 told the Indian Army to frame a policy regarding the promotion of women officers, who have been granted permanent commission following the judgments of the Court.A bench comprising Chief Justice of India D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Mishra, was hearing a batch of applications filed by women officers who seek promotion from the rank of...

Arbitration Agreement Can Bind Non-Signatories: Supreme Court Upholds 'Group Of Companies' Doctrine

A Constitution Bench of the Supreme Court on Wednesday (December 6) held that an arbitration agreement can bind non-signatories as per the "group of companies" doctrine. "The 'group of companies' doctrine must be retained in the Indian arbitration jurisprudence considering its utility in determining the intention of the parties in the context of complex transactions involving multiple parties...

'Difficult To Bring Up A Child In Your 60s': Supreme Court On Challenge To Age Limit Under Surrogacy Act

The Supreme Court on Tuesday orally expressed its reservations about the applications filed before it by persons wanting to have a child through surrogacy under the Surrogacy (Regulation) Act, 2021 who are beyond the age limit prescribed under the Act. "There are cases where people in their 60s are saying they want children. It is so difficult to bring up a child at that age. Once a child...

Assam Accord | Supreme Court Seeks Official Data On Number Of People Benefitted From Section 6A Of Citizenship Act

On the first day of the hearings pertaining to a batch of petitions challenging the constitutional validity of Section 6A of the Citizenship Act, 1955, the Supreme Court Constitution Bench asked the Solicitor General of India Tushar Mehta to provide official data on how many people benefitted from Section 6A of the Act. The bench comprising CJI DY Chandrachud along with Justices Surya Kant,...

Supreme Closes Plea By Lawyer & Intern Against MP Police Case Over Alleged PFI Links; Allows Them To Approach HC

The Supreme Court on Tuesday (05.12.2023) closed a writ petition filed by a lawyer and her intern seeking independent investigation into a case registered against them in Indore in Madhya Pradesh over alleged links to the PFI.The Petitioners - lawyer Noorjahan and law student Sonu Mansoori- had alleged that they had been implicated in false, baseless, politically motivated and communally...

"I'm Sure Chief Justice Is Aware Of It" : Justice SK Kaul On Deletion Of Petitions Against Centre's Delay In Judges' Appointments

When Prashant Bhushan said that the deletion of the case was unusual, Justice Kaul said, "some things are best left unsaid".

Mere Claim Of Innocence Or Undertaking To Participate In Trial Not Sufficient Reasons To Grant Bail In Serious Offences : Supreme Court

The Supreme Court, while hearing an appeal against the order passed by the Jharkhand High Court allowing a bail application for an accused charged with an attempt to murder, observed that simply asserting innocence or agreeing to participate in the trial is not a valid reason for granting bail to an accused in serious offences. “At any rate, mere claim of innocence or undertaking to...

Supreme Court Half Yearly Digest 2023 [Indian Penal Code 1860]

Penal Code, 1860 - Constitutional Courts can impose fixed term sentence even in cases where death penalty was not proposed - "Even in a case where capital punishment is not imposed or is not proposed, the Constitutional Courts can always exercise the power of imposing a modified or fixed-term sentence by directing that a life sentence, as contemplated by “secondly” in Section 53 of the...

Supreme Court Monthly Round-Up November 2023

Citations: 2023 LiveLaw (SC) 932 To 2023 LiveLaw (SC) 1025Nominal Index Indrakunwar v. State of Chattisgarh 2023 LiveLaw (SC) 932Manish Sisodia v. Central Bureau of Investigation 2023 LiveLaw (SC) 934Bhisham Lal Verma V. State of Uttar Pradesh 2023 LiveLaw (SC) 935Pradeep Mehra V. Harijivan J. Jethwa 2023 LiveLaw (SC) 936Manak Chand v. State of Haryana 2023 LiveLaw (SC) 937IFFCO Tokio...

West Bengal Universities' Row | Supreme Court Seeks Attorney General's Intervention For Resolution Of Deadlock Between Governor & Govt

In the latest development in the ongoing clash between West Bengal Governor CV Anand Bose and the state government over interim vice-chancellor appointments at state-run universities, the Supreme Court last week(December 1) asked Attorney General for India R Venkataramani to organise a joint meeting with all stakeholders to break the logjam. A bench of Justices Surya Kant and...