Tag: Indian judiciary.

Supreme Court Judgment: Banks Can Classify MSME Loans as NPA Without Prior “Stress Identification”
25Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Judgment: Banks Can Classify MSME Loans as NPA Without Prior “Stress Identification”

The Supreme Court held that the obligation to identify incipient stress under the MSME Rehabilitation Framework is not a mandatory precondition for a bank to classify an account as an NPA or issue a demand notice under the SARFAESI Act. The benefit of the Framework must be actively claimed by the MSME borrower in response to a notice under Section 13(2), supported by an affidavit, which then obligates the bank to consider the claim and pause recovery actions. Facts Of The Case: An MSME-registered enterprise, Shri Swami Samarth Construction & Finance Solution, had availed a loan from NKGSB Co-operative Bank. Upon defaulting on repayments, its account was classified as a Non-Performing Asset (NPA). The bank's authorized officer subsequently issued a demand notice under Section 13(2) of...
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Can’t Reopen Closed Cases Without New Proof: Supreme Court’s Landmark Ruling for Sportspersons
23Aug By The Legal ChamberNo Comments
Supreme Court

Can’t Reopen Closed Cases Without New Proof: Supreme Court’s Landmark Ruling for Sportspersons

The Supreme Court quashed the FIR, ruling the allegations of forgery and cheating did not disclose the essential ingredients of Sections 420, 468, or 471 IPC. It held that continuing the prosecution, after prior exoneration by competent authorities without new evidence, constituted a clear abuse of the legal process. Facts Of The Case: In 2022, a private complaint was filed by Nagaraja M.G. alleging that badminton players Chirag Sen and Lakshya Sen, their parents, and their coach, Vimal Kumar, had conspired to falsify the players’ dates of birth to gain illegal entry into age-restricted tournaments. The complaint was based primarily on an alleged 1996 GPF nomination form. Following a magistrate's order under Section 156(3) of the CrPC, the Bengaluru Police registered an FIR for offences ...
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Supreme Court Reduces Life Term in POCSO Case, Cites Constitutional Protection Against Harsher Retroactive Penalties
23Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Reduces Life Term in POCSO Case, Cites Constitutional Protection Against Harsher Retroactive Penalties

The Supreme Court upheld the conviction under Section 6 of the POCSO Act but modified the sentence. Relying on Article 20(1) of the Constitution, it held that the enhanced punishment of imprisonment for the remainder of natural life, introduced by the 2019 amendment, could not be applied retrospectively to an offence committed prior to its enactment. Facts Of The Case: On May 20, 2019, the appellant, Saturam Mandavi, was accused of luring a five-year-old girl to his house and raping her while her parents were away attending a marriage ceremony in the village. The victim's mother, upon returning and being unable to locate her daughter, confronted the appellant at his house, after which he fled. An FIR was subsequently registered against him. The Trial Court convicted the appellant under S...
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Supreme Court Clarifies Limits of SC/ST Act: No Prosecution Without Caste-Based Intent
18Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies Limits of SC/ST Act: No Prosecution Without Caste-Based Intent

The Supreme Court dismissed the appeal, upholding the High Court's quashing of proceedings under the SC/ST (Prevention of Atrocities) Act, 1989. It ruled that mere allegations of caste-based malice were insufficient without concrete evidence. The Court emphasized that prosecution under the Act requires proof of intent linked to the victim's caste, preventing misuse for personal vendettas. Legal infirmities in the complaint and lack of prima facie case justified the quashing under Section 482 CrPC. Facts Of The Case: The case originated from a land allotment dispute in Duvva village, where the appellant, Konde Nageshwar Rao, alleged that Respondent No. 2, the Mandal Revenue Officer (MRO), manipulated the allotment of plots reserved for Scheduled Caste (SC) beneficiaries to upper-caste ind...
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Can Juvenility Be Claimed Decades Later? Supreme Court Says Yes in Historic 2025 Judgment
18Aug By The Legal ChamberNo Comments
Supreme Court

Can Juvenility Be Claimed Decades Later? Supreme Court Says Yes in Historic 2025 Judgment

The Supreme Court upheld the conviction of the appellant under Sections 342 and 376 IPC, rejecting arguments about discrepancies in prosecution evidence and delay in FIR registration. However, the Court accepted the appellant’s juvenility claim under the Juvenile Justice Act, 2000, based on school records confirming his age as 16 years at the time of the offense. The sentence was set aside, and the case was referred to the Juvenile Justice Board for appropriate orders, affirming that juvenility can be raised at any stage, even post-conviction, as per precedents like Dharambir v. State (NCT of Delhi). The Court emphasized that credible prosecutrix testimony, corroborated by medical evidence, suffices for conviction in rape cases. Facts Of The Case: The case involves an appeal against the ...
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Supreme Court Ruling : Doubt Over Witness Claims Leads to Acquittal in TN Murder Case
18Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Ruling : Doubt Over Witness Claims Leads to Acquittal in TN Murder Case

The Supreme Court acquitted the appellants, overturning their conviction under Sections 302 and 34 IPC, due to unreliable eyewitness testimonies. The Court emphasized the need for cautious scrutiny of related witnesses (PW-1 and PW-2) and highlighted improbabilities in their accounts, including the unrealistic timeline of events. The prosecution failed to prove guilt beyond reasonable doubt, rendering the conviction unsustainable. The judgments of the Trial Court and High Court were set aside, underscoring the principle that doubts in prosecution cases must benefit the accused. Facts Of The Case: The case involves the murder of Edison Suvisedha Muthu, a habitual drunkard with a criminal record, including detention under the Tamil Nadu Goondas Act. The prosecution alleged that on 14.04.20...
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Supreme Court Uses Special Powers to Protect Student’s Hard-Earned Postgraduate Degree
16Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Uses Special Powers to Protect Student’s Hard-Earned Postgraduate Degree

The Supreme Court ruled that the appellant’s admission and subsequent degree in M.Sc. Environmental Management should not be invalidated despite initial eligibility ambiguities. Exercising powers under Article 142 of the Constitution, the Court held that the university’s delayed and unclear addendums caused confusion, and denying the degree after completion would cause irreparable injustice. The withdrawal of the degree was set aside. Facts Of The Case: The case involved Sakshi Chauhan, who applied for admission to the M.Sc./MBA (Agri Business) program at Dr. Yashwant Singh Parmar University of Horticulture & Forestry in 2020 based on its prospectus. She held a B.Sc. (Agriculture) degree from Eternal University, a UGC-recognized private institution. Due to the COVID-19 pandemic, the ...
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Supreme Court Ends Bitter Divorce Battle: Key Takeaways on Custody & Settlement
16Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Ends Bitter Divorce Battle: Key Takeaways on Custody & Settlement

The Supreme Court, invoking Article 142, dissolved the marriage between Shivangi Bansal and Sahib Bansal, quashing all pending civil/criminal cases between them and their families. The wife retained custody of their daughter, while the husband secured visitation rights. Mutual undertakings barred future litigation, and an unconditional apology was mandated. Property transfer and police protection were also ordered, ensuring a conclusive settlement. Facts Of The Case: The case involves Shivangi Bansal (wife) and Sahib Bansal (husband), who married in December 2015 and had a daughter in 2016. After marital discord, they separated in October 2018, leading to multiple legal battles across courts in Delhi and Uttar Pradesh. The wife filed cases under Sections 498A, 406 IPC, and the Domestic V...
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Supreme Court Cancels Anticipatory Bail in Property Dispute Case
16Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Cancels Anticipatory Bail in Property Dispute Case

The Supreme Court cancelled the anticipatory bail granted by the Bombay High Court, holding that such relief is an "extraordinary remedy" and must not be granted routinely, especially in grave offences. The Court emphasized that concealing material facts (like a vacated injunction order) and witness intimidation vitiate bail. Custodial interrogation was deemed necessary due to the accused's non-cooperation and criminal antecedents, violating bail conditions. The ruling reaffirmed strict judicial scrutiny under Srikant Upadhyay v. State of Bihar (2024) to prevent miscarriage of justice[ Facts Of The Case: The case involves a property dispute between Nikita Jagganath Shetty (the appellant) and her estranged husband, Vishwajeet Jadhav (respondent No. 4), along with other co-accused. Nikit...
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