Tag: judicial observations

Supreme Court’s Big Ruling: Criminal History Matters in Bail for Heinous Crimes
8Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Big Ruling: Criminal History Matters in Bail for Heinous Crimes

The Supreme Court overturned a bail order, ruling that the High Court failed to apply correct legal principles under Section 389 CrPC for suspending a sentence. It emphasized that post-conviction bail in heinous offences requires a palpable prima facie case for acquittal, not a re-appreciation of evidence or conjectural reasoning. Facts Of The Case: In a case originating from Rajasthan, the prosecutrix, a 14-year-old girl, testified that on June 13, 2023, Respondent No. 2 accosted her at gunpoint while she was defecating in a field. He covered her mouth, forcibly took her to a nearby abandoned house, and raped her. She immediately reported the incident to her family, and her father filed an FIR. The Trial Court convicted Respondent No. 2 under the POCSO Act and sentenced him to 20 years ...
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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...
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Supreme Court Upholds Rape Conviction, Rules Victim’s Testimony Alone Is Enough
5Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds Rape Conviction, Rules Victim’s Testimony Alone Is Enough

The Supreme Court upheld that a rape conviction can be based solely on the sole, credible testimony of the prosecutrix. Corroboration through medical evidence is not a legal necessity. The absence of injuries does not disprove the offense, especially when the victim's account is consistent and inspires confidence. Facts Of The Case: On April 3, 2018, at approximately noon, a 15-year-old victim and her 11-year-old brother were alone at their home in Rajnandgaon, Chhattisgarh, as their parents had gone to a nearby village to attend a funeral. The appellant-accused, Deepak Kumar Sahu, who was known to the family and lived in the neighbourhood, entered the house. Finding the victim alone, he sent her younger brother away to buy chewing tobacco. Once the brother left, the accused forced the v...
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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), ...
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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...
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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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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 : No More Delays! High Court Must Decide Property Dispute in 6 Months
10Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court : No More Delays! High Court Must Decide Property Dispute in 6 Months

The Supreme Court allowed the appeal, setting aside the High Court's second remand order for de-novo disposal, finding it erroneous given the possibility of deciding the appeal based on the interpretation of existing documents (sale deed, conveyance deed, and settlement deed). The Court directed the High Court to decide the appeal on its merits expeditiously within six months. Facts Of The Case: This appeal challenges a judgment from the High Court of Kerala, which set aside a trial court's dismissal of a suit and remanded the matter for de-novo disposal. The dispute concerns 9 cents of land in Poomthura Village, Ernakulam. The appellant's father executed a sale deed in 1955 for "Verumpattom Rights" over land in Survey No. 1236. Later, in 1964, he executed a conveyance deed for "Jenmam ...
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Supreme Court Clarifies: When Can an Arbitral Award Be Challenged for Lack of Jurisdiction?
22May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies: When Can an Arbitral Award Be Challenged for Lack of Jurisdiction?

The Supreme Court ruled that an arbitral award under the Arbitration and Conciliation Act 1996, cannot be annulled solely for lack of jurisdiction if no plea was raised before the tribunal under Section 16(2). It harmonized conflicting precedents, holding that objections under Section 34 must show strong grounds, and upheld the finality of awards where jurisdictional challenges were untimely. The judgment clarifies that the Madhya Pradesh Arbitration Act 1983, does not automatically override arbitration agreements unless jurisdictional objections are raised at the appropriate stage. Facts Of The Case: The case involved a contractual dispute between M/s Gayatri Projects Limited and Madhya Pradesh Road Development Corporation regarding road construction works in Madhya Pradesh. The parties...
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