Supreme Court - The Legal Chamber

Supreme Court Revives Abetment to Suicide Case: Orders Accused to Face Trial Under Section 306 IPC for Premature Evaluation of Evidence in Suicide Abetment Case

7May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Revives Abetment to Suicide Case: Orders Accused to Face Trial Under Section 306 IPC for Premature Evaluation of Evidence in Suicide Abetment Case

The Supreme Court held that the Trial Court correctly exercised its power under Section 319 CrPC to summon the accused based on sworn testimony and corroborative evidence, which disclosed a prima facie case of abetment to suicide under Section 306 IPC. The High Court erred in setting aside the summoning order by prematurely evaluating an untested alibi and disregarding live evidence. The Court emphasized that the burden of proving an alibi lies on the accused and must be adjudicated during trial, not at the threshold. The judgment reaffirmed the constructive and purposive interpretation of Section 319 CrPC to ensure no guilty person escapes trial. Facts Of The Case: On March 13, 2016, an acid attack was committed against Dharminder Singh by ten persons, leading to the registration ...

Supreme Court Acquits Accused in Cheque Dishonour Case After Full Repayment : Section 138 Negotiable Instruments Act, 1881

7May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Acquits Accused in Cheque Dishonour Case After Full Repayment : Section 138 Negotiable Instruments Act, 1881

The Supreme Court allowed the criminal appeal, setting aside the High Court's conviction under Section 138 of the Negotiable Instruments Act, 1881, and acquitted the accused. The Court held that the Goa Money-Lenders Act, 2001 provided a valid defense, as the complainant engaged in unlicensed money-lending. Exercising powers under Article 142 of the Constitution, the Court compounded the offence, noting full repayment of the cheque amount and compensation. The judgment underscores that statutory violations by complainants can vitiate prosecutions under the NI Act. Facts Of The Case: The case arose from a cheque dishonour complaint filed by respondent Govind Prabhugaonkar against appellant Rajendra Varik under Section 138 of the Negotiable Instruments Act, 1881. The trial court convicted ...

Supreme Court Clarifies HUF Property Partition Rights: Rejects Daughter’s Claim Due to Prior Settlements

7May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Clarifies HUF Property Partition Rights: Rejects Daughter’s Claim Due to Prior Settlements

The Supreme Court dismissed the appeal, upholding the dismissal of the partition suit under Order XII Rule 6 CPC, emphasizing that the court can dismiss a suit based on admissions without a formal application. It ruled that the decrees from prior suits, which were never challenged, conclusively determined the ownership of the properties, barring any fresh claims. The Court held that the amended Section 6 of the Hindu Succession Act, 1956, did not apply as the properties were partitioned before the cutoff date of 20th December 2004. Additionally, the suit for Anand Niketan house was barred by limitation, and the claims lacked sufficient pleadings to establish an HUF or coparcenary rights. The judgment reinforced the finality of unappealed decrees and the necessity of precise pleadings in pa...

Supreme Court Invokes Article 142 : Dissolves Marriage After 12+ Years of Separation “Irretrievable Breakdown”

7May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Invokes Article 142 : Dissolves Marriage After 12+ Years of Separation “Irretrievable Breakdown”

The Supreme Court, invoking Article 142 of the Constitution, dissolved the marriage on grounds of irretrievable breakdown, despite the absence of statutory provisions under the Hindu Marriage Act, 1955. Relying on precedents like Shilpa Sailesh v. Varun Sreenivasan, the Court emphasized prolonged separation (12+ years) and failed reconciliation attempts as justification, prioritizing an end to protracted litigation over traditional fault-based grounds. No alimony was awarded as the wife waived her claim. Facts Of The Case: The case involves a matrimonial dispute between Kumari Rekha (appellant-wife) and Shambhu Saran Paswan (respondent-husband), whose marriage was solemnized on 24th April 1999. They had a daughter born on 7th June 2001, but the couple had been living separately for over ...

Supreme Court Protects Scheduled Caste Status: Caste Certificate Validity Can’t Be Challenged in Election Petitions

6May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Protects Scheduled Caste Status: Caste Certificate Validity Can’t Be Challenged in Election Petitions

The Supreme Court ruled that a caste certificate issued under the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue of Community Certificates Act, 1996, cannot be challenged in an election petition unless expressly permitted by statute. The burden of proof remains on the election petitioner to establish disqualification beyond reasonable doubt. The Court held that allegations of conversion must be proved conclusively, and mere rituals do not determine religious status. The judgment reaffirmed that election petitions require strict compliance with pleadings and evidence standards akin to criminal proceedings. The High Court's decision was overturned for shifting the burden incorrectly and relying on unsubstantiated claims. Facts Of The Case: The case involves an appeal ...

Supreme Court Rules: Insured Can Challenge ‘Full Settlement’ Under Arbitration Clause

6May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules: Insured Can Challenge ‘Full Settlement’ Under Arbitration Clause

The Supreme Court held that signing a full and final discharge voucher under financial duress does not extinguish arbitration rights if the validity of the settlement is challenged. Following Boghara Polyfab and SBI General Insurance, it ruled that arbitral tribunals must examine coercion claims, and courts under Section 11(6) of the Arbitration Act need only confirm the existence of an arbitration agreement. The judgment reaffirms that "accord and satisfaction" does not automatically nullify arbitration clauses unless expressly agreed, emphasizing minimal judicial interference at the referral stage. Economic duress and arbitrability are left for the tribunal’s determination. Facts Of The Case: The appellant, Arabian Exports Private Limited, engaged in meat exports, suffered ...

Supreme Court Explains When Courts Can Recall Witnesses: Order 18 Rule 17 CPC

6May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Explains When Courts Can Recall Witnesses: Order 18 Rule 17 CPC

The Supreme Court clarified the scope of Order 18 Rule 17 CPC, emphasizing that the power to recall witnesses rests solely with the court to clarify ambiguities, not to fill lacunae in a party's case. The ruling reaffirmed that such discretion must be exercised sparingly and cannot be invoked by parties for re-examination or cross-examination. The Court underscored that Section 151 CPC (inherent powers) may permit witness recall in exceptional cases, but routine use is barred to prevent trial delays. The judgment aligns with precedents holding that procedural tools must aid judicial clarity, not protract litigation. Facts Of The Case: The case arose from a petition filed by Shubhkaran Singh challenging two orders of the Madhya Pradesh High Court at Jabalpur. The first order, dated 7 Janu...

Supreme Court Rules Against Powergrid: Self-Insurance Policy Covers Transformer Fire Losses

5May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules Against Powergrid: Self-Insurance Policy Covers Transformer Fire Losses

The Supreme Court dismissed the appeals, upholding the decisions of the Appellate Tribunal for Electricity and the Central Electricity Regulatory Commission (CERC). The Court ruled that replacement of damaged transformers did not qualify for additional capitalization under Regulation 53 of the Tariff Regulations, as it was part of the appellant's duty to maintain the transmission system. The self-insurance policy covered the cost of replacement, and the claim for revised availability certificates was rendered redundant. The Court affirmed that the Appellate Tribunal's decision was well-reasoned and not a mere rubber-stamping of CERC's findings. Facts Of The Case: The case involves Powergrid Corporation of India Limited (appellant) challenging orders of the Central Electricity Regulatory ...

Supreme Court Clarifies Motor Vehicle Act: Insurer Must Pay Compensation Even for Uninsured Trailer

5May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Clarifies Motor Vehicle Act: Insurer Must Pay Compensation Even for Uninsured Trailer

The Supreme Court ruled that when a tractor (insured) causes an accident involving an attached trailer (uninsured), the insurer is liable for third-party compensation under the Motor Vehicles Act, 1988. The Court held that the trailer, being part of the tractor's operation, need not be separately insured, emphasizing the Act's welfare-centric interpretation. The insurer's liability was capped at the policy limit, with recovery rights against the vehicle owner for excess amounts. The judgment harmonized precedents on composite vehicle insurance and statutory compensation. Facts Of The Case: On February 29, 2012, Nagarajappa (deceased) was working as a coolie on a tractor-trailer transporting soil when the vehicle overturned due to the driver’s negligence, resulting in his fatal injuries. ...

Supreme Court Landmark Judgment on Disability Rights: Orders Fair Admission for Disabled MBBS Aspirant Under SC-PwBD Quota

5May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Landmark Judgment on Disability Rights: Orders Fair Admission for Disabled MBBS Aspirant Under SC-PwBD Quota

The Supreme Court ruled that denying MBBS admission to a meritorious PwBD (Persons with Benchmark Disabilities) candidate under the SC-PwBD quota violated Articles 14, 16, and 21 of the Constitution. The Court emphasized reasonable accommodation under the Rights of Persons with Disabilities Act, 2016, overturning NMC’s exclusionary guidelines and directing AIIMS to admit the appellant in the 2025-26 session Facts Of The Case: Kabir Paharia, a Scheduled Caste (SC) candidate with 42% locomotor disability (congenital absence of multiple fingers in both hands and toes in the left foot), scored 542 marks in NEET-UG 2024, securing All India Rank (AIR) 176 in the PwBD (Persons with Benchmark Disabilities) category. Despite his high merit, he was denied MBBS admission after medical boards at Var...