Tag: Abuse of process

Delayed Counter-Claim for Specific Performance Dismissed by Supreme Court
1Nov By The Legal ChamberNo Comments
Supreme Court

Delayed Counter-Claim for Specific Performance Dismissed by Supreme Court

This Supreme Court judgment clarifies that a counter-claim under Order VIII Rule 6A of the CPC must be filed against the plaintiff, not solely against a co-defendant. Furthermore, while no specific time limit is prescribed, a counter-claim cannot be permitted after the framing of issues in the suit, as it defeats the purpose of speedy justice and procedural efficiency. Facts Of The Case: The appellant, Rajul Manoj Shah, filed a suit in 2012 concerning a bungalow she jointly owned with her sister-in-law (defendant no.1). She sought a declaration that her sister-in-law had no right to transfer the property and to nullify an Agreement to Sell dated 21.10.2011 executed in favor of respondent no.1, Kiranbhai Patel (defendant no.2). After the sister-in-law passed away in ...
Read More
Supreme Court Quashes Cheating Case: Fake Fire NOC Not Needed for School Building
27Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Quashes Cheating Case: Fake Fire NOC Not Needed for School Building

The Supreme Court quashed the proceedings under Section 420 IPC, holding that the essential ingredients of cheating were not made out. As the institution's building height was below 15 metres, a Fire NOC was not legally required for affiliation; thus, the alleged false representation could not have induced the authorities to act, negating dishonest intention. Facts Of The Case: The appellant, representing JVRR Education Society, was implicated in a criminal case for allegedly using a forged No-Objection Certificate (NOC) from the Fire Department to obtain recognition and renewal of affiliation for its educational institution. The First Information Report was registered based on a complaint from the District Fire Officer, leading to a chargesheet under Section 420 of the Indian Penal Code...
Read More
Supreme Court: Prosecution Without Confirmed Penalty is Abuse of Process
30Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Prosecution Without Confirmed Penalty is Abuse of Process

The Supreme Court quashed the prosecution under Section 276C(1) of the Income Tax Act, 1961, holding that its continuation after a conclusive settlement order granting immunity from penalty was an abuse of process. The Revenue's action was in blatant disregard of its own binding circulars which mandated prosecution only after penalty confirmation by the ITAT. Facts Of The Case: A search u/s 132 of the Income Tax Act, 1961, was conducted at the appellant's residence on 24.04.2016, leading to the seizure of unaccounted cash. Based on this, the Revenue initiated prosecution u/s 276C(1) for the Assessment Year 2017-2018, alleging a wilful attempt to evade tax. The appellant's petition before the High Court to quash these proceedings was dismissed. Subsequently, the appellant filed an...
Read More
Mens Rea is Must: Supreme Court Rules Accused Must Intend to Drive Victim to Suicide for Abetment Charge
19Sep By The Legal ChamberNo Comments
Supreme Court

Mens Rea is Must: Supreme Court Rules Accused Must Intend to Drive Victim to Suicide for Abetment Charge

The Supreme Court reiterated that to establish abetment of suicide under Section 306 IPC, there must be clear evidence of mens rea and a proximate act of instigation by the accused, which directly led the deceased to commit suicide. Mere allegations of harassment, without positive action intended to push the victim toward suicide, are insufficient to sustain the charge. The absence of a live link between the alleged acts and the suicide warranted quashing of the FIR. Facts Of The Case: A seven-term independent Member of Parliament committed suicide on 22 February 2021, leaving behind a suicide note. In the note, he named several officials from the administration and police of Dadra and Nagar Haveli, accusing them of conspiring to defame, degrade, and demean him to end his political caree...
Read More
Supreme Court Reins In Judicial Intervention in Arbitration After Appointment
17Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Reins In Judicial Intervention in Arbitration After Appointment

This Supreme Court judgment holds that a non-signatory to an arbitration agreement has no legal right to be present in the arbitral proceedings as the award would not bind them, violating the confidentiality mandate under Section 42A. Furthermore, a court becomes functus officio after appointing an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, and cannot entertain subsequent applications for intervention or issue ancillary directions. Facts Of The Case: The case originated from an oral family settlement between Pawan Gupta (PG) and Kamal Gupta (KG), later recorded in a Memorandum of Understanding/Family Settlement Deed (MoU/FSD) dated 09.07.2019, which was not signed by KG’s son, Rahul Gupta (RG). PG initiated proceedings under Section 11(6) of the Arbitra...
Read More
No Endless Cases: Supreme Court Uses Special Power to End Dowry Case After Couple Divorced
15Sep By The Legal ChamberNo Comments
Supreme Court

No Endless Cases: Supreme Court Uses Special Power to End Dowry Case After Couple Divorced

The Supreme Court quashed criminal proceedings under Sections 498A/34 IPC and Sections 3/4 of the Dowry Prohibition Act against the father-in-law, invoking Article 142 of the Constitution. The Court held that continuing prosecution after divorce and in the absence of specific, timely allegations amounted to an abuse of the process of law. Facts Of The Case: The marriage between the complainant (Respondent No. 2) and the appellant’s son was solemnized in December 2017. By May 2019, marital discord arose, leading the wife to leave the matrimonial home and allege mental and physical cruelty. Both parties attended police-led counselling sessions, which resulted in an agreement to remarry through Hindu rites. However, the wife soon left again and, in July 2019, filed an FIR alleging that her ...
Read More
Courts Can’t Settle Political Scores: Supreme Court’s Big Ruling on Govt. Advertisements
8Sep By The Legal ChamberNo Comments
Supreme Court

Courts Can’t Settle Political Scores: Supreme Court’s Big Ruling on Govt. Advertisements

The Supreme Court ruled that naming government welfare schemes after political leaders is not prohibited by law. It clarified that the Common Cause judgments primarily regulate the use of photographs in government advertisements, not the naming of schemes themselves, thereby setting aside the interim order of the High Court. Facts Of The Case: The State of Tamil Nadu government launched a welfare initiative named the "Ungaludan Stalin" (Your's Stalin) scheme. Its stated objective was to bridge the gap between citizens and existing government programs by organizing camps and dispatching volunteers to help people understand and access their entitled benefits. An opposition Member of Parliament filed a complaint with the Election Commission of India (ECI), alleging the scheme's name and ass...
Read More
Can’t Claim Juvenile Benefit Based on Weak Evidence: Supreme Court’s Landmark Ruling
29Aug By The Legal ChamberNo Comments
Supreme Court

Can’t Claim Juvenile Benefit Based on Weak Evidence: Supreme Court’s Landmark Ruling

The Supreme Court ruled that a school transfer certificate based solely on an oral declaration, without corroborating proof, is unreliable for determining juvenility. When such evidence conflicts with official documents like a family register, voter list, and medical opinion, the latter must be given precedence to prevent the abuse of benevolent legislation. Facts Of The Case: On August 31, 2011, the appellant's brother, Rajesh, was shot and killed. The First Information Report (FIR) was lodged against Liliu Singh and his son, Devi Singh (Respondent No. 2), under Sections 302 (murder) and 452 (house-trespass) of the Indian Penal Code. The incident allegedly occurred after Liliu Singh and Devi Singh forcibly entered the appellant's house and manhandled his wife. When Rajesh went to confro...
Read More
Clarifying Jurisdiction: Supreme Court Reaffirms Exclusive Power of MP Arbitration Tribunal for Public Works
28Aug By The Legal ChamberNo Comments
Supreme Court

Clarifying Jurisdiction: Supreme Court Reaffirms Exclusive Power of MP Arbitration Tribunal for Public Works

The Supreme Court upheld the exclusive jurisdiction of the Madhya Pradesh Arbitration Tribunal over disputes arising from state works contracts, as per the MP Madhyastham Adhikaran Adhiniyam, 1983. It ruled that a private arbitration clause in a concession agreement cannot override this statutory mandate, rendering such arbitration non-est in law. Facts Of The Case: The dispute arose from a Concession Agreement dated 05.01.2012 between Umri Pooph Pratappur Tollways Pvt. Ltd. (Appellant) and the Madhya Pradesh Road Development Corporation (Respondent) for the development of a state highway on a BOT (Toll + Annuity) basis. Following alleged breaches and delays attributed to the Respondent, the Appellant first initiated proceedings in 2018 before the Madhya Pradesh Arbitration Tribunal, a s...
Read More
Accused Can’t “Buy” Bail: Supreme Court Ends Practice of Monetary Undertakings for Release
25Aug By The Legal ChamberNo Comments
Supreme Court

Accused Can’t “Buy” Bail: Supreme Court Ends Practice of Monetary Undertakings for Release

This Supreme Court judgment prohibits courts from granting bail based on monetary undertakings or deposits by the accused. It directs that all bail applications must be decided strictly on their own merits, in accordance with law, and not on any extraneous promises of payment. The practice of imposing financial conditions for bail deprecated to uphold the integrity of the judicial process. Facts Of The Case: The appellant, Gajanan Gore, was arrested in August 2023 for allegedly siphoning approximately ₹1.6 crore from his employer, an advertising and training institute. He was charged with various offences including cheating and forgery under the Indian Penal Code. After the Trial Court denied him bail, the Bombay High Court granted him bail in April 2024. This bail was contingent on a ke...
Read More