Not Necessary That Bribe Amount Should Be Substantial To Draw Presumption Under S.20 Prevention Of Corruption Act : Supreme Court

While convicting a government servant for taking a bribe of Rs.2000, the Supreme Court observed that it was not necessary for the amount involved to be substantial to draw the presumption under Section 20 of the Prevention of Corruption Act, 1988.As per Section 20(3), the Court has the discretion to refrain from drawing adverse presumption against the public servant if the amount involved is trivial. The Supreme Court observed that the value of gratification has to be considered in proportion to...

Hasn't Laid Down That Sentence Can Be Suspended Only If Half Term Is Undergone : Supreme Court

The Supreme Court recently clarified that it has not laid down any proposition that post-conviction bail can be granted only if the convict has undergone half of the sentence.While considering a petition challenging the refusal of the Madhya Pradesh High Court to suspend sentence, the Court observed that the High Court has misunderstood its decision in Atul @ Ashutosh v. State of Madhya Pradesh (2024). In that judgment, the Court had held that sentence should be normally suspended when the...

Born Christian Can't Invoke Doctrine Of Caste Eclipse For Revival Of Caste Claiming Reconversion As Hindu : Supreme Court

The Supreme Court noted that an individual born as a Christian cannot invoke the doctrine of eclipse of caste, as the caste system is not recognized in Christianity. The bench comprising Justice Pankaj Mithal and Justice R. Mahadevan clarified that the doctrine of caste eclipse applies only when a person practising caste-based religion converts to caste-less religion. In such cases, their original caste is considered to remain eclipsed. However, if the such persons reconverts to their original...

For Offence Of Rape On False Promise To Marry, Physical Relationships 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 may indulge in physical relationship with a man for reasons other than the promise of marriage. To attract...

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 the cousin brother of the accused husband and the wife of the said cousin who were named as accused in...

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, which directed CBI probe into the allegations of custodial torture of 2 women arrested amid protests that took...

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 social objectives of the reservation policy. The bench comprising Justice Pankaj Mithal and Justice R. Mahadevan...

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 5-A of the Act. The bench comprising Justice BR Gavai and Justice Sandeep Mehta heard a batch of civil...

'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...