For Offence Of Rape On False Promise To Marry, Physical Relationship Must Be Shown To Be Only Based On Marriage Promise : Supreme Court

A recent Supreme Court judgment has given clarity as to when a consensual sexual relationship can amount to the offence of rape on the false promise of marriage.The Court observed that when a woman has maintained a physical relationship with a man for a long period, it cannot be said with certainty that such relationship was solely because of a promise made by the man to marry her. A woman...

S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts

The Supreme Court has sounded a word of caution to the Courts to ensure that distant relatives of a husband are not unnecessarily implicated in criminal cases filed at the instance of wife alleging domestic cruelty under Section 498A of the Indian Penal Code.A bench comprising Justice CT Ravikumar and Justice Rajesh Bindal made this observation while quashing the criminal proceedings against...

Routine Transfer Of Cases To CBI Overburdens It, Demoralises State Police Officers : Supreme Court

The Supreme Court recently observed that routine transfer of cases from state authorities to the Central Bureau of Investigation (CBI) overburdens 'premier investigating agency' of the country and has a 'very serious demoralizing impact' on officers of the state police.The observation came while the Court was dealing with State of West Bengal's challenge to a Calcutta High Court order,...

Religious Conversion Only To Avail Reservation Benefits Without Actual Belief Impermissible, Fraud On Constitution: Supreme Court

The Supreme Court upheld a Madras High Court decision denying a Scheduled Caste ("SC") certificate to a woman born as a Christian who claimed to be Hindu while applying for an Upper Division Clerk job in Puducherry. The Court ruled that religious conversion undertaken solely to access reservation benefits, without genuine belief in the adopted religion, undermines the fundamental...

Supreme Court Quarterly Criminal Digest 2024 [July - September]

Armed ForcesCivilian Killings - FIR and subsequent proceedings quashed due to absence of mandatory sanction under Section 6 of the Armed Forces (Special Powers) Act (AFSPA), 1958. Rabina Ghale v. Union of India, 2024 LiveLaw (SC) 707 : AIR 2024 SC 4547BailAccused in custody can seek anticipatory bail for another case. Dhanraj Aswani v. Amar S. Mulchandani, 2024 LiveLaw (SC) 675Accused need...

'Yamuna Expressway A Vital Heartline' : Supreme Court Upholds Land Acquisition For Yamuna Expressway Invoking Urgency Clause

The Supreme Court today upheld the land acquisition proceedings commenced under the Land Acquisition Act, 1894 (the Act), for the Yamuna Expressway Industrial Development Authority (YEIDA) project in Gautam Budh Nagar, Uttar Pradesh. The Court justified the State's act to invoke the urgency provisions under Sections 17(1) and 17(4) of the Act to bypass the hearing of objections under Section...

'Worrying Trend' : Supreme Court Expresses Concerns At Using Criminal Law Against Men After Breakup Of Consensual Relationship

Unless it is shown that the physical relationship was purely out of the promise of marriage, it cannot be said that consent was vitiated due to misconception of fact, the Court said.

Sale Certificate Issued After Court Auction Not Compulsorily Registrable; Auction Purchaser Need Not Deposit Stamp Duty To Get It : Supreme Court

The Supreme Court observed that the successful auction purchaser doesn't need to deposit stamp duty for the issuance of a sale certificate pursuant to the auction done in a court proceedings. The Court clarified that the stamp duty would be payable only when the auction purchaser uses the certificate for some other purpose, but not when the certificate remains as it is. “The position of...

S.19(b) Specific Relief Act | To Claim 'Bona Fide Purchaser' Protection, Subsequent Purchaser Must Make Due Inquiries : Supreme Court

In a recent decision, the Supreme Court observed that a 'subsequent purchaser' of immovable property cannot claim the benefit of a 'bona fide' purchaser under Section 19(b) of the Specific Relief Act, 1963 (“Act”) if they fail to exercise due diligence regarding the status of the current possessor of the property they intend to purchase The bench comprising Justice J.B. Pardiwala and...

Supreme Court Weekly Round-up: November 18, 2024 To November 24, 2024

IndexCitationPrem Lal Anand and Ors. v. Narendra Kumar and Ors. 2024 LiveLaw (SC) 892Thankamma George v. Lilly Thomas and Anr. 2024 LiveLaw (SC) 893Kavita Nagar & Ors. v. Oriental Insurance Co. Ltd. 2024 LiveLaw (SC) 894Ramachandra Reddy (Dead) Thr. Lrs. & Ors. v. Ramulu Ammal (Dead) Thr. Lrs., Civil Appeal No. 3034 of 2012 2024 LiveLaw (SC) 895Satyendra Singh v. State of Uttar...

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials

The Court reiterated that High Courts should not impose time bound schedule for trial as it affects functioning of trial court which have large pendency.

'Preferential Allotment To A Few Elites Promotes Inequality': Supreme Court Quashes Land Allotment For MPs, MLAs, Judges Etc In Hyderabad

Preferential treatment conveys the message that some individuals are entitled to more based on their status, the Court said.