When Can Stranger To Suit Seek Leave To Appeal Against Decree? Supreme Court Lays Down Principles

In a judgment delivered on January 29, the Supreme Court discussed the circumstances under which a third party to a suit can seek leave to appeal against the decree.A bench comprising Justice JB Pardiwala and Justice R Mahadevan made this discussion while considering an appeal filed by a lis pendens transferee, who was aggrieved by the High Court's refusal of leave to appeal against a decree...

Capital Punishment An Exception; Even In Cases Of Multiple Murders, Avoid Death Sentence If There's Possibility Of Reform : Supreme Court

Recently, the Supreme Court upheld the conviction of a man for murdering his wife and four minor daughters but commuted his death sentence to life imprisonment without remission, citing a lack of criminal antecedents, prison reports indicating reform potential, and precedents against the death penalty in multiple-murder cases.The Court added that even in cases involving multiple murders, no...

Transferee Pendente Lite Not Entitled To Get Impleaded In Suit As A Matter Of Right : Supreme Court Summarises Principles

The Supreme Court today (January 29) ruled that a pendente lite transferee(someone who purchases a suit property during the pendency of the litigation) has no automatic right to be impleaded in a suit. It said only in exceptional cases, where the transferee's rights are adversely affected or jeopardized, a leave would be granted to the pendente lite transferee (who wasn't impleaded in the...

Supreme Court Weekly Round-up: January 20, 2025 To January 26, 2025

Nominal IndexCitationsBalbir Singh & Anr Etc v. Baldev Singh (D) Through His Lrs & Ors. Etc 2025 LiveLaw (SC) 82Musheer Alam v. State of Uttar Pradesh 2025 LiveLaw (SC) 83Bharat Aambale v. State of Chhattisgarh 2025 LiveLaw (SC) 84Bhupinderpal Singh Gill v. State of Punjab and Others., Civil Appeal No.183 of 2025 2025 LiveLaw (SC) 85Bharat Petroleum Corporation Ltd. v. Commissioner...

Why 2-Judge Benches Hear Bail Applications? Supreme Court Questions Calcutta High Court Practice, Seeks Report

The Supreme Court recently questioned the practice of the Calcutta High Court hearing regular and anticipatory bail applications before Division Benches instead of Single Judges, as is the norm in other High Courts.“When there is a huge filing and pendency of the bail applications, we wonder why regular bail applications and anticipatory bail applications are being heard by the Division...

Supreme Court Awards Rs 5 Lakhs Compensation To Persons Who Were Wrongly Sentenced In Murder Case

The Supreme Court today (January 29) asked the State of Haryana to pay a compensation of Rs 5 lakhs each to three accused who were illegally sentenced in a murder case.The Punjab and Haryana High Court had, in its revisional jurisdiction, reversed the acquittal of appellants and convicted them of murder. Although the State had not filed any appeal against the acquittal by the trial court,...

An Unavoidable Conundrum in Section 360 Of BNSS [Withdrawal From Prosecution]

AN AVOIDABLE CONUNDRUM CREATED BY THE DEVIATION MADE IN CLAUSE (II) OF THE PROVISO TO SECTION 360 BNSS FROM CLAUSE (II) OF THE PROVISO TO SECTION 321 Cr.P.C. Section 360 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS” for short) dealing with “Withdrawal from Prosecution” corresponds to Section 321 of the now repealed Code of Criminal Procedure, 1973 (“Cr.P.C.” for short). Let us make a comparison of the two provisions –SECTION 360 BNSSSECTION 321 Cr.P.C.Withdrawal from...

Supreme Court Bans Manual Scavenging & Manual Sewer Cleaning In Six Metropolitan Cities

The Supreme Court today(January 29) passed directions banning manual scavenging and manual sewer cleaning in six metropolitan cities in a writ petition seeking the eradication of manual scavenging in India.In its order, it stated that in the comprehensive affidavit filed by the Union, there is "no clarity" on the eradication of manual scavenging and sewer cleaning. "We hereby intend to stop...

All Indians Have Only One Domicile- 'Domicile Of India'; No State Or Provincial Domicile In Our Legal System : Supreme Court

In a judgment delivered on Wednesday (January 29), the Supreme Court observed that the concept of regional or provincial domicile is alien to the Indian legal system. All citizens of the country carry a single domicile, which is the "domicile of India", the Court added.The Court made these significant observations while declaring that residence-based eservations in PG medical admissions...

'Live-In Relationships Must Be Registered With Govt Authority Till Law Is Formulated To Govern Them': Rajasthan High Court

Emphasizing that the need of the hour was for the Centre and State government to enact a legislation governing live-in relationships, the Jaipur bench of the Rajasthan High Court on Wednesday directed, that till such a law is enacted, live-in-relationship must be registered by a government established authority or tribunal. Justice Anoop Kumar Dhand in his order said, "The...

'Before Us For Political Mileage?' : Supreme Court To BJP MLA Challenging Karnataka Govt's Withdrawal Of CBI Consent To Probe DK Shivakumar

Justice Surya Kant of the Supreme Court questioned today the political motives of BJP MLA Basangouda Patil Yatnal behind assailing withdrawal of consent accorded by Karnataka government for CBI to prosecute Congress leader and Deputy CM DK Shivakumar in a disproportionate assets case."Why you are, for political mileage, before the Supreme Court? Go there in political field and contest...

Supreme Court Reserves Orders On RJD MLC's Plea Challenging Expulsion From Bihar Legislative Council Over Comment On Nitish Kumar

The Supreme Court today reserved orders on RJD MLC Sunil Kumar Singh's plea challenging his expulsion from Bihar Legislative Council for allegedly using defamatory words against State's Chief Minister Nitish Kumar.The matter was before a bench of Justices Surya Kant and N Kotiswar Singh, which indicated that balancing of some legal provisions involved in the case was required and it will do...