If Consent Of Woman Was Based On False Promise Of Marriage From Inception, Offence Of Rape Is Made Out : Supreme Court

To sustain the offence of rape on the ground of false promise of marriage, it must be established that right from the inception, the consent of the woman was obtained based on the false promise, reiterated the Supreme Court."If it is established that from the inception, the consent by the victim is a result of a false promise to marry, there will be no consent, and in such a case, the offence...

Supreme Court Annual Digest 2023 - Consumer Law

A pedantic and hyper-technical approach would cause damage to the very concept of consumerism. (Para 23) 2023 LiveLaw (SC) 442Amend Consumer Protection Rules on appointment process of commission members within 3 months : Supreme Court to Centre, States. 2023 LiveLaw (SC) 201Builder has obligation to seek completion certificate - It is no part of the flat owner's duty to apply for a...

'Need to maintain Dignity & Reputation Of Judicial Officers': Supreme Court Upholds Conviction Of Advocate In Contempt Case

The Supreme Court, while convicting an advocate in a seventeen-year-old criminal contempt case, reiterated that an apology must be evidence of remorse for the contemptuous acts. It must not be used as a weapon 'to purge the guilty of their offence'. Further, an apology lacking sincerity and not evidencing contriteness cannot be accepted. The Division Bench of Justices Vikram Nath and...

AMU Institution Of National Importance, Minority Status Will Exclude SC/ST/OBC Reservations : Centre Tells Supreme Court

In the case relating to the minority status of the Aligarh Muslim University (AMU), the Union Government submitted before the Supreme Court on Tuesday (January 30) that an institution of national importance must reflect that national structure.Stressing that AMU is an institution of national importance, Solicitor General of India Tushar Mehta requested the Court to analyse the issue from...

Prisons Reforms | Supreme Court Directs Constitution Of District Committees Across India To Report On Existing, Required Jail Infrastructure

In a public interest litigation (PIL) initiated to address the issue of overcrowding of prisons in India, the Supreme Court today directed States/Union Territories to constitute District-level Committees, which shall assess and report on available infrastructure in jails and give a decision on the number of additional jails required in terms of the Model Prison Manual, 2016.The Bench of...

'Published In Good Faith' : Supreme Court Quashes Defamation Case Against Newspaper Owner For Report Against Advocate

The Supreme Court recently quashed a criminal defamation case against the owner of a newspaper over an article published against an advocate.The defamation case was filed against the owner of a daily newspaper named 'Sunday Blast', based in Madhya Pradesh, for a report titled “Advocate ne pan masala vyavasayi par karaya jhuta mamla darj”(advocate files false case against Pan Masala...

S.391 CrPC | Party Who Wasn't Diligent At Trial Can't Seek To Produce Additional Evidence At Appeal Stage : Supreme Court

A party who was not diligent in producing evidence at the trial stage of a criminal case cannot seek to produce the same in appeal, held the Supreme Court.The Bench of Justices B.R. Gavai and Sandeep Mehta observed that the power to record additional evidence at the appellate stage should not be exercised in a routine and casual manner. Such a power shall only be exercised when non-recording...

Can Hindu Law Principles Be Applied While Deciding Inheritance Rights Under Mohammedan Law? Supreme Court To Examine

The Supreme Court is set to examine whether the principles of Hindu law could be applied while adjudicating inheritance rights under the Mohammedan law. The bench of Justices CT Ravikumar and Rajesh Bindal, while issuing notice in a partition matter, ordered: “The question of seminal importance, which is required to be decided in this case is whether the principles of Hindu law...

For Conviction Under SC/ST Act, Offence Of Outraging Woman's Modesty Must Be Committed On Ground Of Caste: Supreme Court

The Supreme Court observed that the conviction for the offence punishable under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 cannot be sustained if the act of outraging the modesty of a woman was not committed on the ground of caste."The language of Section 3(1)(xi) of the SC/ST Act provides that the offence must be committed upon a...

S.138 NI Act | If Accused Is Disputing Signature On Cheque, Certified Copy Of Specimen Signature Can Be Procured From Bank: Supreme Court

In a complaint under Section 138 of the Negotiable Instruments Act, if the accused is disputing the signature on the cheque, then the certified copies of the signatures from the bank could be summoned from the bank to compare the same with the signature appearing on the cheque.The Court explained that the indorsements on a cheque carry a presumption of genuineness as per Section 118(e) of...

'Learn Some Law, Don't File These Kind Of Petitions' : Supreme Court Rebukes Lawyer For Filing 'Misconceived' PIL

Refusing to entertain a PIL seeking directions to State Governments to set up 'Courts Special Cells' to ensure compliance with Court Orders, the Supreme Court today admonished the lawyer to be aware of the existing nuances of law before filing such petitions.CJI rebuked the petitioner, “ You are back again? Last time I told you not to file such PILs….somebody will impose costs of on you....

Centre's 2011 Caste Census Report Unhelpful To Identify Socially & Educationally Backward Classes : Kerala Govt Tells Supreme Court

This week, the Kerala government has denied wilful non-compliance with the Supreme Court's order to conduct a socio-economic study to revise the reservation list for Socially and Educationally Backward Classes (SEBC) in the state.This counter-affidavit filed on behalf of the State of Kerala by its chief secretary is in response to a contempt petition initiated by the Minority Indians Planning...