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Supreme Court Monthly Digest August 2023
SUBJECT WISE INDEXAbkari ActPerson receiving information of crime or detecting the occurrence can investigate it. Sathyan v. State of Kerala, 2023 LiveLaw (SC) 627 : 2023 INSC 703Abortion Woman alone has the right over her body; she's the ultimate decision maker on abortion. XYZ v. State of Gujarat, 2023 LiveLaw (SC) 680‘Forcing woman to have child born out of rape against...
Courts Should Be Sensitive In Cases Of Crimes Against Women, Ensure Criminals Don't Escape On Technicalities: Supreme Court
The Supreme Court recently upheld the conviction of a husband in a case related to the murder of his wife and domestic cruelty against her. It reiterated the crucial role that courts play in ensuring justice, especially in cases involving crimes against women. The Court issued a reminder for courts to adopt a practical perspective when evaluating evidence. It underscored the importance...
Supreme Court Monthly Roundup- September 2023
Judgment/OrdersMotor Accident Claims - Social Status Of Deceased To Be Considered If There's No Definite Proof Of Income: Supreme CourtCase title: Kubrabibi v. Oriental InsuranceCitation: 2023 LiveLaw (SC) 697In its judgment, the Supreme Court highlighted that when dealing with cases involving individuals employed in the unorganized sector, it is crucial to consider the notional income based...
Delhi Riots: Court Grants Bail To Shahrukh Pathan Citing Prolonged Custody But To Remain In Jail For Pointing Gun At Cop
A Delhi Court on Saturday granted bail to Shahrukh Pathan, the man who pointed a gun at a policeman during North East Delhi riots, in a case related to rioting, causing injuries to police personnel and gunshot injury sustained by one Rohit Shukla by an armed mob. (FIR 49/2020 registered at Jafrabad Police Station)Additional Sessions Judge Amitabh Rawat of Karkardooma Courts noted that Pathan...
Will Can't Be Presumed To Be Valid Merely Because It Is Registered : Supreme Court
The Supreme Court on Friday (06.10.2023) held that mere registration would not sanctify a document by attaching to it an irrebuttable presumption of genuineness.The Apex Court was considering a property dispute, in which the validity and legality of a Will was called into question. The matter had reached the Apex Court after a series of appeals. The Trial Court had held that valid execution...
Supreme Court Issues Notice In PIL Seeking For Free Treatment For Children With Muscular Dystrophy
The Supreme Court on Friday (06.10.2023) issued notice in a petition seeking to commence a national programme for treatment of children with muscular dystrophy. The petition further sought for the formulation of a standard policy for issuing unique ID cards to patients of muscular dystrophy to enable them to get free treatment at any government or private hospital. A bench comprising CJI...
Principles Of Applying Section 106 Of Evidence Act : Supreme Court Explains
The Supreme Court recently held that Section 106 of the Evidence Act does not inherently impose a burden on the accused but comes into play when the accused fails to provide any explanation regarding facts that should be within their knowledge, facts that could support theories compatible with their innocence.The Court observed, “We consider the true rule to be that Section 106 does not...
Magistrate Can Dismiss Defamation Complaint By Applying Exceptions Under S.499 IPC Before Issuing Summons To Accused: Supreme Court
The Supreme Court on Thursday (05.10.2023) held that a Magistrate can dismiss a defamation complaint by applying the exceptions under section 499 of the Indian Penal Code, 1860 even before even summoning the accused.“..nothing prevents the Magistrate upon application of judicial mind to accord the benefit of such Exception to prevent a frivolous complaint from triggering an unnecessary...
Theft Coverage Denied Saying Gold Wasn't Kept In 'Locked Safe' : Supreme Court Says Insurance Claim Can't Be Rejected Based On Ambiguous Term
Recently, the Supreme Court, while hearing an appeal, noted that the claim arising out of an insurance policy cannot be repudiated on the basis of a term, mentioned in the policy, which itself is ambiguous.A Division Bench, comprising Justices Hima Kohli and P.S. Narasimha, observed that the insurance policy itself does not define the word “locked safe” nor does it define what should be...
Family Law: All India Half Yearly Digest 2023
SUPREME COURTCriminal Proceedings For Dowry Demand Cannot Be Quashed Merely Because Divorce Petition Is PendingCase Title: X vs State of Uttar Pradesh Case Citation: 2023 LiveLaw (SC) 26The Supreme Court bench comprising of Justices M R Shah and C T Ravikumar observed that criminal proceedings for demand of dowry cannot be quashed merely because divorce petition is pending.'Woman Not A...