Maintenance Proceedings Under S.125 CrPC Are Civil Proceedings Though Breach May Result In Penal Consequences: Supreme Court

The Supreme Court noted that maintenance proceedings under Section 125 of the Cr.P.C. are essentially civil in nature and should not be equated with criminal proceedings merely because they involve a penal consequence.“even if non-compliance with an order for payment of maintenance entails penal consequences, as may other decrees of a Civil Court, such proceedings would not qualify as or...

Specific Relief Act | Relinquishment Of Claims Under S.12(3) For Part Performance Can Be Made At Any Stage Of Litigation : Supreme Court

The Supreme Court observed that while seeking a part performance of the contract under Section 12(3) of the Specific Relief Act, 1963, the plea regarding the relinquishment of claims regarding the remaining part of the contract and all rights to compensation can be made at any stage of litigation,including the Appellate Stage. “we may only say that the relinquishment of claim to...

Principles To Evaluate Circumstantial Evidence In Criminal Cases : Supreme Court Explains

In a recent judgment, the Supreme Court enunciated the principles that courts must adhere to while appreciating and evaluating evidence in cases based on circumstantial evidence.While dismissing the appeal against the conviction in a rape-murder case, a bench comprising Justice BR Gavai, Justice KV Viswanathan and Justice Sandeep Mehta summarised the principles as follows :(i)The testimony...

'Prosecutrix's Testimony Doesn't Inspire Confidence' : Supreme Court Affirms Acquittal In Rape Case

The Supreme Court (on January 07), observed that in rape cases if a conviction is based on the sole evidence of a single witness, even that of the victim herself, such evidence should inspire confidence in the Court. The Court agreed that while the victim's statement is given a very high value, the Court must carefully examine the same. “Although it is absolutely true that in...

Know The Law | When Can Part Performance Of Contract Be Allowed As Per Section 12(3) Specific Relief Act?

The Supreme Court ruled that part performance of the contract under Section 12(3) of the Specific Relief Act, 1963 (“SRA”) cannot be claimed when the unperformed portion is substantial and non-segregable, and the plaintiff neither relinquishes claims for the unperformed part or damages nor shows readiness to perform the contract. As per Section 12(3) of the SRA, for claiming a...

Law Schools Must Help Students Identify Injustice, Encourage Inclusivity: Dr S Muralidhar

NUJS Kolkata on Sunday hosted the Eastern Zonal Round finals of the AmiQuiz Curiae quiz conducted by Qshala in partnership with LiveLaw. Justice Joymalya Bagchi (Judge, Calcutta High Court) and Dr S Muralidhar (Senior advocate and former Chief Justice, Orissa HC) were the keynote speakers at the event. On the topic of legal education and social responsibility, Justice Bagchi stated that...

Motor Accident Claim | Third Party Insurance Policy Effective From Date & Time Specified In Policy Document : Supreme Court

While dismissing an insurance company's appeal against a motor accident compensation award, the Supreme Court recently reiterated that merely alleging fraud as regards obtaining of an insurance policy is not enough. Rather, it has to be proved by the insurance company by adducing evidence. The Court further observed that policy coverage commences from the time and date specified in the...

'Right To Access Justice Not Absolute' : Supreme Court Imposes Rs 1 Lakh Cost On Litigant For Multiple Frivolous Cases

The Supreme Court recently imposed a heavy cost of Rs.1,00,000 on the petitioner, who over the span of more than 11 years filed frivolous litigants and indulged in forum shopping more than 10 times including before the High Court of Bombay and the Supreme Court.A bench of Justices J.K. Maheshwari and Rajesh Bindal while upholding the right of the litigants to access the courts as the...

Propounder Taking Prominent Part In Will's Execution & Getting Substantial Benefit Raises Suspicions, Must Be Dispelled: Supreme Court

The Supreme Court ruled that a propounder who substantially benefits from a Will and participates in its execution raises suspicion, which must be dispelled with clear evidence. The propounder is expected to testify about the proper execution, the presence of attesting witnesses, and other key details. The Court further held that under Section 68 of the Indian Evidence Act, 1872, presenting...

Senior Advocate Iqbal Chagla Passes Away

One of India's leading lawyers and a doyen of the Bombay Bar Association (BBA), senior Advocate Iqbal Chagla died on Sunday (January 12).Iqbal, the son of former Bombay High Court Chief Justice MC Chagla, was unwell and died at the age of 86. He was the father of sitting judge of Bombay HC Justice Riyaz Chagla. Confirming the information, BBA President Nitin Thakker, said, "Yes, Mr Chagla is...

Supreme Court Annual Digest 2024 - Constitution Of India

Constitution of IndiaArticle 8 - The Court clarified that when a person acquires a foreign citizenship, the cessation of Indian citizenship happens by operation of law by virtue of Section 9 of the Citizenship Act. Hence, such cessation of citizenship cannot be regarded as voluntary. Therefore, children of such persons cannot seek to resume Indian citizenship under Section 8(2) of the...

Supreme Court Expresses Shock At Trial Court In Gujarat Imposing Only 3 Years Sentence For Rape

The Supreme Court recently expressed its surprise at noting that a trial court awarded only a punishment of three years imprisonment for the offence of rape under Section 376 of the Indian Penal Code, although the minimum punishment prescribed for the offence was seven years imprisonment (before the 2013 amendment).The Court was also aghast to note that the Gujarat High Court did not take...