Tag: 2025 Judgement

Complete Justice: Supreme Court Uses Special Powers to End Family Dispute, Quashes FIR After Settlement
16Sep By The Legal ChamberNo Comments
Supreme Court

Complete Justice: Supreme Court Uses Special Powers to End Family Dispute, Quashes FIR After Settlement

The Supreme Court, invoking its powers under Article 142 of the Constitution, quashed the criminal proceedings. It held that continuing prosecution after a mutual divorce and full settlement serves no legitimate purpose and amounts to an abuse of the process of law, especially in the absence of specific allegations. Facts Of The Case: The case originated from an FIR (No.67 of 2019) registered by the second respondent against her husband (appellant No.1) and in-laws (appellant Nos. 2 & 3) under Sections 323, 406, 498-A, and 506 of the IPC, alleging cruelty, criminal breach of trust, and criminal intimidation. The marriage, solemnized in March 2018, lasted approximately ten months before the wife left the matrimonial home. Subsequently, a chargesheet was filed in November 2019. However...
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Supreme Court Decides: Who Pays When a Car Insurance Policy is Cancelled?
9Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Decides: Who Pays When a Car Insurance Policy is Cancelled?

This Supreme Court case reaffirms the principle that an insurance policy stands rescinded upon dishonour of the premium cheque and intimation to the concerned parties, absolving the insurer from statutory liability. However, applying the "pay and recover" doctrine, the insurer was directed to pay the awarded compensation to the third-party claimants and was permitted to recover the same from the vehicle owner. Facts Of The Case: On August 22, 2005, Dheeraj Singh died when his motorcycle was hit from behind by a speeding truck (HR 46 A 1020). The deceased, a 36-year-old computer engineer, was found to be earning ₹3,364 per month. His dependents filed a claim before the Motor Accident Claims Tribunal. The appellant, National Insurance Company Ltd., disowned liability by contending that the...
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Landmark Ruling: Supreme Court Explains How to Calculate “Just Compensation” for Accident Deaths
8Sep By The Legal ChamberNo Comments
Supreme Court

Landmark Ruling: Supreme Court Explains How to Calculate “Just Compensation” for Accident Deaths

This Supreme Court judgment clarifies that allowances forming part of a deceased's salary, if used for family support, must be included in income computation for motor accident compensation. It applies established principles from Sarla Verma and Pranay Sethi to include future prospects and awards consortium as per Magma General Insurance, ensuring just compensation under the Motor Vehicles Act. Facts Of The Case: On February 16, 2009, Lokender Kumar died in a motor accident caused by the rash and negligent driving of a Santro car on the Sohna-Gurgaon Road. His widow and two minor children filed a claim petition before the Motor Accident Claims Tribunal in Gurgaon, seeking Rs. 25 lakhs in compensation. The Tribunal, considering his basic salary of Rs. 3,665 per month and applying a multip...
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When Protest Isn’t Nuisance: Supreme Court Explains Limits of Police Power, Quashes 5-Year-Old Case
28Aug By The Legal ChamberNo Comments
Supreme Court

When Protest Isn’t Nuisance: Supreme Court Explains Limits of Police Power, Quashes 5-Year-Old Case

The Supreme Court quashed the criminal proceedings, applying the Bhajan Lal principles. It held that the allegations, even if accepted entirely, did not prima facie constitute the offences under Sections 290, 341, 171F IPC, and Section 34 of the Police Act, 1861, as their essential ingredients were absent. Continuing the prosecution was deemed an abuse of the process of law. Facts Of The Case: During the 2019 General Elections, the Model Code of Conduct was in force in Andhra Pradesh. On March 22, 2019, appellants Manchu Mohan Babu, an educational institution chairman, and his son, along with staff and students, conducted a rally and dharna on the Tirupati-Madanapalli Road. They were protesting the state government's failure to provide student fee reimbursements. The gathering, which las...
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Supreme Court Rules Against Bypassing Agricultural Tenancy Act in Goa Land Dispute
5Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules Against Bypassing Agricultural Tenancy Act in Goa Land Dispute

The Supreme Court upheld the High Court's decision, affirming that the Administrative Tribunal rightly denied permission for a compromise between the Communidade of Tivim and private respondents. The proposed consent terms violated the Goa Agricultural Tenancy Act, 1964, and the Goa Land Use Act, 1991, by attempting to confer ownership rights and permit non-agricultural use without following statutory procedures. The Court emphasized that such compromises cannot bypass legal frameworks or undermine tenancy rights. The appeal was dismissed, leaving the tenancy dispute to be adjudicated on merits by the Appellate Court. Facts Of The Case: The case involves the Communidade of Tivim, an agricultural association in Goa, which challenged the dismissal of its writ petition by the High Court of ...
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Judicial Service Reinstatement: Supreme Court Rules Against “Minor Irregularity” Discharge
7Jun By The Legal ChamberNo Comments
Supreme Court

Judicial Service Reinstatement: Supreme Court Rules Against “Minor Irregularity” Discharge

The Supreme Court overturned the discharge of a judicial probationer, holding that termination based on alleged misconduct (like simultaneous degrees or non-disclosure of past employment after resignation) without a proper inquiry and opportunity to be heard is stigmatic and punitive, violating principles of natural justice and Article 311 of the Constitution. The Court emphasized that minor omissions after resignation are not grounds for discharge, especially when the probationer completed training successfully Facts Of The Case: Pinky Meena, holding multiple degrees including LL.B. and LL.M., was a Grade-II Teacher in the Rajasthan Education Department from 2014. She applied for the Civil Judge and Judicial Magistrate post following an advertisement on November 18, 2017. After selectio...
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