Tag: Judicial Observation

Compromise Between Parties Leads to Early Release as Supreme Court Modifies Sentence in Criminal Appeal
26Feb By The Legal ChamberNo Comments
Supreme Court

Compromise Between Parties Leads to Early Release as Supreme Court Modifies Sentence in Criminal Appeal

The Supreme Court partially allowed the appeal, reducing the sentence to the period already undergone (two years and three months) while upholding the conviction. Notice had been limited to quantum of sentence. The Court considered the compromise between parties and the incarceration period served, modifying the sentence accordingly with direction for immediate release if not required in other cases. Facts Of The Case: The appellants, Venkatesh and another individual, were originally convicted by the learned III-Additional District and Sessions Judge, Salem, in S.C. No.460/2016 on November 3, 2020. The charges stemmed from Crime No.103/2016, under which they were found guilty of offenses under Section 326 of the Indian Penal Code (IPC), which pertains to voluntarily causing g...
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Supreme Court on Land Acquisition: Proximity to Town & Highway Matters in Valuation
6Feb By The Legal ChamberNo Comments
Supreme Court

Supreme Court on Land Acquisition: Proximity to Town & Highway Matters in Valuation

The Supreme Court allowed the appeals, applying parity from its earlier decision in Manohar & Others. It upheld the market value determined from comparable sale exemplars but mandated a 20% deduction due to the superior location and smaller size of the exemplar plots. The Court awarded enhanced compensation with statutory benefits under the Land Acquisition Act, 1894, while denying interest for the delay in filing the Special Leave Petition. Facts Of The Case: The appellants were landowners whose agricultural lands near Jintur town in Parbhani District were acquired in the 1990s under the Maharashtra Industrial Development Act, 1961, for setting up an industrial area. The Land Acquisition Officer passed an award in 1994, fixing compensation. Dissatisfied with the quantu...
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No Medical Injury? No Problem: Supreme Court Explains When Victim’s Word Wins in POCSO Cases
3Feb By The Legal ChamberNo Comments
Supreme Court

No Medical Injury? No Problem: Supreme Court Explains When Victim’s Word Wins in POCSO Cases

The Supreme Court upheld the appellant's conviction under Sections 9(m) and 10 of the POCSO Act, 2012, for aggravated sexual assault on a child. The Court ruled that cogent ocular evidence from witnesses, including the victim's traumatized behavior, can sustain a conviction even if medical evidence does not show injury or penetration. The sentence was partially modified. Facts Of The Case: On August 15, 2021, the appellant, Dinesh Kumar Jaldhari, returned to the victim's home in Jashpur, Chhattisgarh, with her father and another man after collecting wood. After consuming alcohol, the victim's four-year-old daughter was sleeping inside. Around 4:30 p.m., the mother went inside to give food to the appellant and found him wearing only shorts, sitting near her daughter's legs. Th...
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Supreme Court on Trap Cases: Criminal Trial Can Proceed Despite Departmental Exoneration
30Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court on Trap Cases: Criminal Trial Can Proceed Despite Departmental Exoneration

The Supreme Court held that exoneration in departmental proceedings does not bar continuation of criminal prosecution, as the standards of proof and purpose differ. However, it remanded the case to the trial court to determine the validity of the prosecution sanction, emphasizing that sanction must be granted by the authority competent to remove the public servant from office. Facts Of The Case: The appellant, T. Manjunath, a Senior Inspector of Motor Vehicles in Bengaluru, was accused of demanding and accepting a bribe of ₹15,000 through an intermediary. Following a trap by the Lokayukta, a criminal case was registered under the Prevention of Corruption Act, 1988. The Transport Commissioner granted sanction for prosecution, and a chargesheet was filed. The appellant sought dischar...
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Supreme Court Reiterates: No Forest Land Acquisition Without Proper Notice
28Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Reiterates: No Forest Land Acquisition Without Proper Notice

This Supreme Court judgement reinforces that for land to vest as a "private forest" under the Maharashtra Private Forests Acquisition Act, 1975, a valid notice under Section 35(3) of the Indian Forest Act must be properly served on the owner, initiating a live statutory process. Mere issuance or a stale, dormant notice from decades past is insufficient to trigger acquisition. The Supreme Court underscored strict compliance with this mandatory procedure and the binding nature of its precedent under Article 141 of the Constitution. Facts Of The Case: The appellants are landowners in Maharashtra whose properties were claimed by the State to have been declared "private forests" and automatically vested in the government on 30 August 1975 under the Maharashtra Private Forests Acqu...
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Supreme Court Ruling: Drug Disposal Committee Cannot Overtake Court’s Power to Release Seized Vehicles
4Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Ruling: Drug Disposal Committee Cannot Overtake Court’s Power to Release Seized Vehicles

The Supreme Court held that the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 do not oust the jurisdiction of Special Courts to grant interim custody of vehicles seized under the NDPS Act. The statutory power of courts under Sections 60(3) and 63 of the NDPS Act, read with relevant CrPC/BNSS provisions for interim release, remains operative independently of the administrative disposal mechanism under the 2022 Rules. Facts Of The Case: The appellant, Denash, is the owner of a lorry (TN 52 Q 0315) which was lawfully hired to transport iron sheets from Chhattisgarh to Tamil Nadu. On 14th July 2024, during transit, police intercepted the vehicle and recovered a total of 6 kilograms of Ganja. The contraband was found concealed benea...
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Landmark Ruling Protects IP Owners: Supreme Court Says Continuous Infringement Creates Inherent Urgency
4Jan By The Legal ChamberNo Comments
Supreme Court

Landmark Ruling Protects IP Owners: Supreme Court Says Continuous Infringement Creates Inherent Urgency

This Supreme Court judgment clarifies that under Section 12A of the Commercial Courts Act, a suit alleging continuing infringement of intellectual property rights inherently contemplates urgent interim relief. The Court held that mere delay in filing the suit does not negate urgency, as each ongoing act of infringement causes immediate and irreparable harm, and public interest in preventing market deception also factors into the assessment. Facts Of The Case: The appellant, a Danish company named Novenco Building and Industry A/S, held patents and design registrations in India for its industrial fans sold under the brand ‘Novenco ZerAx’. It had entered into a dealership agreement with respondent No. 1, Xero Energy Engineering Solutions Pvt. Ltd., in 2017. The appellant later discov...
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Supreme Court: An Agreement to Sell Does Not Transfer Ownership Under Muslim Law
31Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court: An Agreement to Sell Does Not Transfer Ownership Under Muslim Law

The Supreme Court affirmed that an agreement to sell does not transfer title under Section 54 of the Transfer of Property Act. Property remains part of the deceased's matruka (estate) until a registered sale deed is executed. Inheritance under Muslim law applies to the entire estate, with the widow entitled to a one-fourth share as a sharer, absent descendants. Facts Of The Case: The case concerns a dispute over the inheritance of Chand Khan's property between his widow, Zoharbee (appellant), and his brother, Imam Khan (respondent). Chand Khan died issueless, leaving behind two plots of land. Zoharbee claimed the entire property as matruka (estate) and, under Muslim law, sought a three-fourths share as the surviving spouse. Imam Khan contended that one plot had been transferred v...
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Supreme Court :Knowledge of Victim’s Caste Enough for SC/ST Act Conviction
29Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court :Knowledge of Victim’s Caste Enough for SC/ST Act Conviction

The Supreme Court affirmed that school admission registers are admissible evidence under Section 35 of the Evidence Act to prove a victim's minority in POCSO cases. It clarified that a witness cannot be declared hostile for minor inconsistencies, reiterating that such a step is an extraordinary measure requiring clear hostility or resiling from a material statement. The Court also held that under the amended SC/ST Act, mere knowledge of the victim's caste is sufficient to attract Section 3(2)(v), especially when a presumption of such awareness arises under Section 8(c) from prior acquaintance. Facts Of The Case: On the night of May 10, 2018, the minor victim left her home to deliver food to her grandfather. Near a Sendhwar tree, the appellant, Shivkumar, allegedly abducted her by force, ...
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Supreme Court Rules Against “Mini-Trial” by High Court, Says Forgery & Cheating Case Must Proceed
29Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules Against “Mini-Trial” by High Court, Says Forgery & Cheating Case Must Proceed

The Supreme Court held that at the quashing stage under Section 482 CrPC, the High Court cannot conduct a mini-trial or evaluate evidence. If the complaint and prima facie documents disclose cognizable offences, the prosecution must proceed to trial. The merits of allegations, including forgery and cheating, are to be tested through evidence, not nipped in the bud. Facts Of The Case: The complainant, Komal Prasad Shakya, filed a criminal complaint alleging that Rajendra Singh, who had always identified as a General Category 'Sikh', fraudulently obtained a Scheduled Caste ('Sansi') certificate just before the 2008 Guna Assembly elections. Using this certificate, he contested and won from a reserved constituency. The complaint accused Rajendra Singh, his father Amrik Singh, and others in...
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