Article 142 Constitution - The Legal Chamber

Husband’s Second Marriage Leads Supreme Court to Use Special Power for Divorce

18Sep

By The Legal ChamberNo Comments

Supreme Court

Husband’s Second Marriage Leads Supreme Court to Use Special Power for Divorce

The Supreme Court, invoking its extraordinary powers under Article 142 of the Constitution, dissolved the marriage on the ground of irretrievable breakdown. The decree was granted subject to the husband paying a one-time permanent alimony of ₹1.25 crores to the wife, ensuring a complete settlement. Facts Of The Case: The marriage between the appellant-husband, A. Ranjithkumar, and the respondent-wife, E. Kavitha, was solemnized on February 15, 2009. Shortly thereafter, the couple relocated to the United States of America, where the husband was employed. A son was born from the union on April 7, 2010. However, the marital relationship soured, leading the husband to file a divorce petition on September 26, 2012, under the Hindu Marriage Act, 1955, on the grounds of cruelty and adultery. Th...

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...

Betrayal of Trust is Demonic: Supreme Court’s Powerful Stand on Incest & POCSO Act Upholds Life Term for Father Who Raped Minor Daughter

29Aug

By The Legal ChamberNo Comments

Supreme Court

Betrayal of Trust is Demonic: Supreme Court’s Powerful Stand on Incest & POCSO Act Upholds Life Term for Father Who Raped Minor Daughter

The Supreme Court upheld the conviction under POCSO Act Section 6 and IPC Section 506, affirming the statutory presumption of guilt under Section 29. It emphasized that a child victim's credible testimony requires no corroboration and denied bail, highlighting the severity of familial sexual abuse and the imperative for stringent punishment. Facts Of The Case: The case involved the appellant, Bhanei Prasad @ Raju, who was convicted for repeatedly committing aggravated penetrative sexual assault on his own minor daughter. The victim was approximately ten years old at the time of the incidents, which were not isolated but constituted sustained assaults within the family home. The prosecution case was built primarily on the unwavering and credible oral testimony of the victim (PW-3), ...

Supreme Court: Criminal Cases Against In-Laws Can Be Dropped After Amicable Settlement

28Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court: Criminal Cases Against In-Laws Can Be Dropped After Amicable Settlement

This Supreme Court, invoking Article 142 of the Constitution, quashed all criminal proceedings arising from matrimonial discord, including charges under Section 494 and 498A IPC. Relying on precedents, it held that continuing prosecution after a full and final settlement and divorce constitutes an abuse of the legal process and serves no legitimate purpose. Facts Of The Case: The marriage between the respondent-wife and the appellant's brother was solemnized in 2001. The couple moved to the USA, but their relationship soured, leading to a mutual divorce decree from a California court in 2007. After returning to India, the wife initiated multiple legal proceedings against her husband and his family (the appellants). These included a complaint case alleging cruelty, a case under the Domest...

Supreme Court Landmark Ruling: Awards Pension to Temporary Railway Employee’s Family

12Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Landmark Ruling: Awards Pension to Temporary Railway Employee’s Family

The Supreme Court ruled that temporary railway employees completing over one year of continuous service are entitled to family pension under Rule 75 of the Railway Pension Rules, 1993, regardless of regularization. The Court emphasized that legislative intent protects dependents of deceased employees, rejecting the 10-year threshold argument and directing arrears payment with ₹5 lakh ex-gratia relief under Article 142. Facts Of The Case: The case involves Mala Devi, widow of Om Prakash Maharaj, a temporary railway employee who died in service after 9 years and 8 months of continuous work. Appointed as a "Summer Waterman" in 1986, he later cleared screening tests and was deputed as a Guard/Shuntman before his fatal accident in 1996. While Mala Devi received ex-gratia payment and compassio...

Supreme Court Directs Merger of 64 Fraud FIRs Across 10 States for Streamlined Trial

30May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Directs Merger of 64 Fraud FIRs Across 10 States for Streamlined Trial

The Supreme Court exercised powers under Article 142 of the Constitution to consolidate 64 FIRs across 10 states into single trials per state, merging subsequent FIRs with the earliest FIR in each jurisdiction. Subsequent FIRs were deemed Section 161 CrPC statements, enabling supplementary chargesheets under Section 173 CrPC. Bail in the principal FIR applies to clubbed cases, except where special enactments require fresh bail applications. Special Courts may try all offences, including IPC violations, under state laws. Single-FIR states proceed independently. Facts Of The Case: Ravinder Singh Sidhu, Managing Director of KIM Infrastructure and Developers Limited (KIDL), has been in custody since 11 October 2018. He faces 64 FIRs across 10 states (Punjab-23, Uttar Pradesh-15, Haryana-6, U...

Supreme Court Ends Pension Discrimination for Merged Employees: Pension Rights to MPSEB Absorbed Workers

16May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Ends Pension Discrimination for Merged Employees: Pension Rights to MPSEB Absorbed Workers

The Supreme Court ruled that employees absorbed by MPSEB from cooperative societies are entitled to pension under MPSEB rules, but only from their absorption date (15.03.2002), not their prior society service. Invoking Article 142, it mandated uniform treatment for all absorbed employees, upholding functional integration principles from Panchraj Tiwari (2014) while interpreting "qualifying service" under MP Madhya Pradesh Civil Services (Pension) Rules, 1976. The Court rejected retrospective pension claims for pre-absorption periods as society service wasn’t state-regulated. Facts Of The Case: The case concerns employees of electricity distribution cooperative societies in Madhya Pradesh that were merged with the Madhya Pradesh State Electricity Board (MPSEB) in 2002 due to financial cri...

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 ...