Bar Under Sec. 195 CrPC Not Attracted When High Court Has Directed Investigation Into Alleged Tampering : Supreme Court

While directing restoration of the criminal proceedings against Kerala MLA Antony Raju in an evidence tampering case, the Supreme Court today held that the bar on taking of cognizance under Section 195(1)(b) CrPC was not attracted in the case, as the proceedings were initiated against Raju pursuant to a judicial order."the initiation of the present proceedings in the present case, was from the judgment and order dated 5th February, 1991 of the Kerala High Court in Criminal Appeal No. 20 of 1991,...

Mere Breakup Of Relationship Between Consenting Couple Cannot Result In Criminal Proceedings : Supreme Court

Observing that the non-materialization of a consensual relationship into marriage cannot be given a criminal color, the Supreme Court today quashed a criminal case against the man accused of repeatedly raping a woman on the false pretext of marriage. “a mere breakup of a relationship between a consenting couple cannot result in initiation of criminal proceedings. What was a consensual relationship between the parties at the initial stages cannot be given a colour of criminality when the said...

Prima Facie Case Alone Insufficient to Appoint Court Receiver; Compelling Reasons Required : Supreme Court

The Supreme Court recently observed that expressions like "prima facie case" or "conduct" alone are insufficient to justify the appointment of a Court Receiver. The Court emphasized that a compelling reason must be provided, demonstrating how the property would deteriorate without the Receiver's intervention.The appellant contested the High Court's decision to appoint a court receiver for the disputed property, a decision previously rejected by the City Civil Court, Borivali. The key issue was...

Revenue Entries Don't Confer Title But Are Admissible As Evidence Of Possession: Supreme Court

Though revenue entries do not confer title, they are admissible as evidence of possession, observed the Supreme Court in a recent judgment."Revenue records are public documents maintained by government officials in the regular course of duties and carry a presumption of correctness under Section 35 of the Indian Evidence Act, 1872. While it is true that revenue entries do not by themselves confer title, they are admissible as evidence of possession and can support a claim of ownership when...

Constitute State Environment Impact Assessment Authorities In 6 Weeks If Absent: Supreme Court Directs States

The Supreme Court on November 12 directed State Governments to constitute State Environment Impact Assessment Authorities (SEIAA) within 6 weeks wherever they have not been formed.The above direction was made when the Court was hearing a civil appeal against an order of the National Green Tribunal which disapproved the grant of Environment Clearances in certain leases by the District Environment Impact Assessment Authorities (DEIAA) instead of SEIAA. The bench of CJI Sanjiv Khanna and...

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr

The Supreme Court on Wednesday (November 20) restored the criminal proceedings initiated against Kerala MLA and former Minister Antony Raju over alleged tampering of underwear evidence in a drugs case conducted by him as a junior lawyer in 1990.A bench of Justices CT Ravikumar and Sanjay Karol held that the Kerala High Court erred in holding that the criminal proceedings were barred due to Section 195(1)(b) of the Code of Criminal Procedure.The Supreme Court restored the order of the Chief...

During Divorce Proceedings, Wife Entitled To Enjoy Same Life Amenities She Was Enjoying In Matrimonial Home : Supreme Court

While awarding Rs.1.75 Lakhs as monthly interim maintenance to a wife during the divorce proceedings, the Supreme Court observed that the wife is entitled to the same standard of living during the divorce proceedings as what she enjoyed during the marriage.“The appellant (wife) was accustomed to a certain standard of living in her matrimonial home and therefore, during the pendency of the divorce petition, is also entitled to enjoy the same amenities of life as she would have been entitled to in...

No Disciplinary Proceedings Can Be Initiated After Employee Retires Or After Extended Period Of Service : Supreme Court

The Supreme Court invalidated the disciplinary proceedings initiated against a bank employee after the completion of his extended period of service. The disciplinary proceeding initiated after the superannuation or after the extended period of service cannot be sustained, the Court observed. “As has been held by this Court on more than one occasion, a subsisting disciplinary proceeding...

State Cannot Claim Adverse Possession Over Property Of Private Citizens : Supreme Court

The Supreme Court reiterated that the State cannot claim adverse possession over the property of private citizens."Allowing the State to appropriate private property through adverse possession would undermine the constitutional rights of citizens and erode public trust in the government," observed a bench comprising Justice Vikram Nath and Justice Prasanna B Varale.The observation was made in...

Supreme Court Dismisses HPCL's Plea Against Bombay HC Order Quashing Pension Cuts For 269 Retired Employees

The Supreme Court on Tuesday (November 19) dismissed an SLP filed by Hindustan Petroleum Corporation Limited (HPCL) against the Bombay High Court's decision to quash two notifications that reduced/discontinued pensionary benefits to 269 retired employees.A bench of Justice Abhay S Oka and Justice Augustine George Masih said that the notifications were issued without following the principles...

When Absent Employee Doesn't Inform Whereabouts, Employer Can Treat It As Abandonment Of Service & Take Action : Supreme Court

In a recent case, the Supreme Court justified the termination of the service of an LIC employee who failed to communicate the whereabouts of his absence from duty under the LIC Staff Regulation, 1960. The bench comprising Justice Hrishikesh Roy and Justice S.V.N. Bhatti allowed the LIC's appeal against the High Court's decision directing reinstatement of the respondent employee who...

Labour Court's Factual Finding Shouldn't Be Normally Disturbed By Writ Court Without Compelling Reason : Supreme Court

Observing that the factual findings of a Labour Court should not be normally disturbed by a Writ Court without a compelling reason, the Supreme Court ordered the reinstatement of an employee who had been terminated due to conflicts arising from his estranged marital relationship. The bench comprising Justice Hrishikesh Roy and Justice S.V.N. Bhatti allowed the appeal of the employee.In...