Supreme court
'Land A Precious Resource, State Must Be Transparent In Distribution': Supreme Court Quashes Maharashtra Govt's Land Allotment To Pvt Doctors
Citing arbitrariness in the allotment process, the Supreme Court (Dec.12) set aside the allotment of land made by the Maharashtra Government in favor of the Medinova Regal Co-operative Housing Society (“MRCHS”) to provide housing facilities to the doctors working at Tata Memorial Hospital. While doing so, the Court underscored the need to maintain transparency in the distribution...
Mere Harassment Not Abetment Of Suicide : Supreme Court Discharges Husband In Wife's Suicide Case
Mere harassment is not sufficient to hold an accused guilty of abetment of suicide under Section 306 of the Indian Penal Code, held the Supreme Court while discharging a husband in a case related to the suicide of his wife."Mere allegations of harassment are not enough unless the accused's actions were so compelling that the victim perceived no alternative but to take their own life.Such...
S. 197 CrPC | Sanction For Prosecution Needed When Alleged Offence Was Connected To Discharge Of Official Duties : Supreme Court
The Supreme Court recently quashed a criminal case and summoning order against a District Town Planner, ruling that no prior sanction under Section 197 of the Cr.P.C. was obtained for prosecuting her demolition actions, which were part of her official duties carried out under senior's instructions. “we observe that the first respondent herein ought to have sought sanction for prosecution...
Disputes Falling Exclusively Within Jurisdiction Of Statutory Authorities Aren't Arbitrable : Supreme Court Reiterates
The Supreme Court recently reaffirmed that disputes falling exclusively within the jurisdiction of statutory authorities are not arbitrable.While holding so, the bench comprising Justices PS Narasimha and Sandeep Mehta ruled that the dispute related to wages and termination of an employee were non-arbitrable and would be exclusively dealt with by the statutory authorities established under...
Gift Deed Condition Requiring Donee To Give Perpetual Services Without Remuneration Is Forced Labour & Unconstitutional : Supreme Court
The Supreme Court has held that a gift deed which is conditioned upon perpetual rendering of services, without any remuneration would amount to a “begar” or forced labour, even slavery and therefore it is not just wrong or illegal but even unconstitutional.A bench comprising Justice Sudhanshu Dhulia and Justice Prasanna B Varale while considering an oral gift deed of 1953, which had...
Merely Because Wife Didn't File Complaint Under S.498A IPC For Many Years Doesn't Mean There Was No Cruelty By Husband : Supreme Court
The fact that a wife did not make any complaint regarding cruelty for many years would not make a complaint under Section 498A of the Indian Penal Code unsustainable, held the Supreme Court while rejecting the plea of a husband for discharge.In this case, the wife killed herself after 12 years of marriage, following which her father filed a complaint under Section 498A and 306 IPC against...
Motor Accident Leaves 7-Year-Old Girl Mentally Disabled: Supreme Court Enhances Compensation To Rs 50.8 Lakhs
The Supreme Court recently awarded Rs 50,87,000/- as compensation to a claimant for the mental and physical disabilities suffered by her due to a motor vehicle accident that occurred when she was just 7 years old.The accident occurred in 2009 when a high-speed car, which was driven negligently, hit her when she was crossing a zebra-crossing with her mother and brother. As a result of...
Maintenance Right Of Wife & Children Overrides Creditors' Claims Under SARFAESI/IBC On Husband's Assets : Supreme Court
While giving precedence to the maintenance rights of a man's wife and children over the rights of creditors under recovery proceedings, the Supreme Court recently observed that right to maintenance is equivalent to a fundamental right and shall have an overriding effect over statutory rights of creditors, etc. under business laws."the right to maintenance is commensurate to the right...
Specific Performance Decree For Agreement To Sell Can Be Executed Without Separate Relief For Possession : Supreme Court
The Supreme Court reiterated that it would not be necessary for the decree-holder seeking specific performance of an agreement to sell simpliciter to file a separate application under Section 22 of the Specific Relief Act, 1962 (“SRA”) for claiming possession of suit property. The bench comprising Justices JB Pardiwala and R Mahadevan dismissed the civil appeal filed by the...
Caste-Based Insult In Backyard Of Private House Not "Within Public View", No Offence Under S.3 SC/ST Act : Supreme Court
The Supreme Court recently held that alleged caste-based insult or intimidation that occurred in the backyard of a private house does not qualify as being “within public view” under Section 3 of the SC/ST (Prevention of Atrocities) Act, 1989.A bench of Justice BV Nagarathna and Justice Nongmeikapam Kotiswar Singh discharged a man from the charges alleged against him under the Scheduled...
S. 19 PC Act | Irregularity In Sanction Order No Ground For Acquittal Unless Failure Of Justice Is Shown : Supreme Court
The Supreme Court clarified that an irregularity in obtaining sanction to prosecute a public servant under the Prevention of Corruption Act, 1988 ("Act"), does not justify an acquittal unless it causes prejudice to the accused.A bench comprising Justices PS Narasimha and Manoj Misra was hearing a criminal appeal by the Central Bureau of Investigation (CBI) challenging the Punjab &...