Indian judiciary. - The Legal Chamber

False Promise of Marriage” or Vengeance? Supreme Court Weighs In on Key Legal Issue

10Nov

By The Legal ChamberNo Comments

Supreme Court

False Promise of Marriage” or Vengeance? Supreme Court Weighs In on Key Legal Issue

The Supreme Court, invoking its inherent powers under Section 482 CrPC/Section 528 BNSS, quashed the FIR and chargesheet. It ruled that criminal proceedings manifestly attended with mala fide and initiated with an ulterior motive for vengeance after prior complaints against the complainant constitute a clear abuse of the legal process. Facts Of The Case: The case involved the appellant, Surendra Khawse, and the complainant, who were colleagues at a municipal corporation. Their friendly relationship progressed into a consensual physical intimacy. The complainant, who was previously married and had a son, alleged that the appellant had sexual relations with her on multiple occasions between March 15 and April 10, 2023, based on a false promise of marriage. She claimed that when she later i...

Cheque Bounce Notice Must Demand Exact Cheque Amount, Rules Supreme Court

10Nov

By The Legal ChamberNo Comments

Supreme Court

Cheque Bounce Notice Must Demand Exact Cheque Amount, Rules Supreme Court

In a significant ruling under the Negotiable Instruments Act, 1881, the Supreme Court held that a demand notice under Section 138 Proviso (b) must specify the exact cheque amount. Demanding a different sum, even due to a typographical error, renders the notice legally invalid and fatal to the complaint, as the provision mandates strict compliance. Facts Of The Case: The appellant, Kaveri Plastics, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondents. The case originated from a Memorandum of Understanding related to the sale of land. As part of this agreement, the accused company issued a cheque for Rs. 1,00,00,000/- in favour of the appellant. However, upon presentation, the cheque was dishonoured by the bank due to "insufficient fund...

International Child Custody Battle Leads to Supreme Court Quashing Dowry Harassment FIR

9Nov

By The Legal ChamberNo Comments

Supreme Court

International Child Custody Battle Leads to Supreme Court Quashing Dowry Harassment FIR

The Supreme Court quashed an FIR under Section 498-A IPC, invoking its powers under Article 136 and endorsing the High Court's inherent power under Section 482 Cr.P.C. It ruled that a criminal complaint, if found to be a malicious and retaliatory measure to settle scores, constitutes an abuse of the legal process. The Court applied the principles from the landmark precedent of State of Haryana v. Bhajan Lal to halt proceedings that were initiated with an ulterior motive for wreaking vengeance. Facts Of The Case: The appellant, Nitin Ahluwalia, an Australian citizen, and the respondent, Tina Khanna, an Austrian citizen, were married in India in November 2010 and began their matrimonial life in Australia. In June 2013, the respondent unilaterally left the matrimonial home and took their ...

Supreme Court Rejects “Cryptic” Acquittal, Orders Fresh Hearing in 2002 Murder Case

7Nov

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rejects “Cryptic” Acquittal, Orders Fresh Hearing in 2002 Murder Case

The Supreme Court set aside a High Court judgment of acquittal for being cryptic and lacking reasoning. It reiterated that a first appellate court must independently evaluate evidence and provide a reasoned order, demonstrating application of mind. The case was remanded for a fresh hearing on merits, without expressing any opinion on the case's substance. Facts Of The Case: The case originated from a Sessions Court judgment dated 04.06.2009 in Sessions Trial No. 50 of 2003, which convicted the accused persons for offenses stemming from an incident in 2002. The Sessions Court sentenced accused Nos. 1 and 2, Anil and Imran, to life imprisonment, while accused Nos. 3 and 4, Wasif and Pappu, were sentenced to one year of imprisonment along with a fine. The convicted accused appealed this dec...

Supreme Court Acquits Accused in Murder Case, Cites Lack of Evidence and Hostile Witnesses

7Nov

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Acquits Accused in Murder Case, Cites Lack of Evidence and Hostile Witnesses

The Supreme Court acquitted the accused, holding that the prosecution failed to prove guilt based on circumstantial evidence. Key eyewitnesses turned hostile and their testimonies did not establish kidnapping or the 'last seen' theory. The Court emphasized that the foundational principles for convicting on circumstantial evidence were not satisfied, rendering the conviction unsustainable. Facts Of The Case: The case concerns the kidnapping and murder of Bhoominadhan, an auto-rickshaw driver from Nellore. The prosecution's case was that on the evening of 26th March 2016, the appellant-accused, Thammineni Bhaskar (A-1), along with his associates, forcibly dragged the deceased from his auto-rickshaw near a banyan tree in Talpagiri Colony and kidnapped him. The incident was allegedly witness...

Co-accused’s Acquittal Leads to Supreme Court Setting Aside Another’s Conviction

7Nov

By The Legal ChamberNo Comments

Supreme Court

Co-accused’s Acquittal Leads to Supreme Court Setting Aside Another’s Conviction

Based on the principle of parity, the Supreme Court acquitted the appellant. The Court held that when a co-accused, prosecuted on identical evidence in a joint trial, is acquitted and the State does not challenge it, sustaining the conviction of the remaining accused would be unjust and inequitable. Facts Of The Case: On January 1, 2002, the State Task Force officials near Dayamani Restaurant, Kathipudi, noticed two women, the appellant Vaddi Ratnam (Accused No.2) and Nerella Vijaya Lakshmi (Accused No.1). Upon seeing the officials, the co-accused handed a yellow handbag to the appellant, after which both attempted to flee but were apprehended. A search of the bag revealed six packets containing a total of 5.5 kilograms of opium. The accused confessed to being involved in the opium trade...

State Cannot Penalize Employee for Its Own Error, Rules Supreme Court

7Nov

By The Legal ChamberNo Comments

Supreme Court

State Cannot Penalize Employee for Its Own Error, Rules Supreme Court

The Supreme Court exercised its extraordinary jurisdiction under Article 142 to grant relief, ruling that an appellant, though initially ineligible, cannot be penalized for the state authorities' error in selecting and appointing him. The court reinstated the appellant with continuity of service but denied back wages, clarifying the decision was based on the case's peculiar facts and would not set a precedent. Facts Of The Case: The Jharkhand Staff Selection Commission advertised for the post of Trained Graduate Teacher (TGT), reserving 25% of vacancies for teachers from Government Elementary Schools with five years of experience. The appellant, a teacher at a fully government-aided minority school, applied under this quota. His application was processed by the Commission, which found hi...

Supreme Court Backs Landowners: Unused ‘Bachat’ Land Doesn’t Belong to Panchayat

6Nov

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Backs Landowners: Unused ‘Bachat’ Land Doesn’t Belong to Panchayat

The Supreme Court upheld that lands contributed by proprietors during consolidation proceedings, but not specifically reserved or utilized for common purposes (known as bachat land), do not vest in the Gram Panchayat or the State. Relying on the doctrine of stare decisis and Constitution Bench precedents, the Court affirmed that such land continues to belong to the original proprietors, dismissing the State's appeal. Facts Of The Case: The case originated from a challenge by landowners (respondents) to an amendment made by the State of Haryana in 1992 to the Punjab Village Common Lands (Regulation) Act, 1961. This amendment, via Haryana Act No. 9 of 1992, expanded the definition of "shamilat deh" (village common land) to include lands reserved for common purposes under the consolidation ...

Supreme Court Quashes FIR in Property Dispute, Calls it “Abuse of Process of Law”

6Nov

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Quashes FIR in Property Dispute, Calls it “Abuse of Process of Law”

The Supreme Court quashed the criminal proceedings, holding that the continuation thereof amounted to an abuse of the process of law. The allegations, arising from a civil dispute over a loan and its guarantee, did not constitute a criminal offense, especially after the withdrawal of an earlier complaint on the same cause of action. Facts Of The Case: This case originated from an FIR registered against the appellant, Bhawana Jain, under Sections 406, 420, 504, and 506 of the IPC. The dispute concerned a plot purchased jointly by her deceased husband and the complainant, Respondent No. 2. After a mutual partition, the husband mortgaged his share to secure a bank loan, with the appellant acting as a guarantor. Following her husband's death in 2016, the complainant filed a private complaint...

You Can’t Be Convicted Under a Law That Didn’t Exist: Supreme Court Corrects Legal Error in Decades-Old Case

5Nov

By The Legal ChamberNo Comments

Supreme Court

You Can’t Be Convicted Under a Law That Didn’t Exist: Supreme Court Corrects Legal Error in Decades-Old Case

In a significant ruling, the Supreme Court set aside the conviction under Section 195-A IPC, holding it unconstitutional for being applied retroactively, violating Article 20(1). However, it upheld the conviction under Section 506-B IPC for criminal intimidation. The Court directed the State to reconsider the deceased appellant's termination and terminal benefits, considering only the surviving conviction. Facts Of The Case: In 1999, a minor girl, who was a witness in a molestation case, set herself ablaze and subsequently died. Before her death, she alleged in a dying declaration that Sheikh Akhtar, a court official (Naib Nazir), and three others had threatened to kill her and her father if she did not compromise her court testimony. Based on this, Akhtar was convicted in 2007 by a Se...