Tag: Justice Prashant Kumar Mishra

Supreme Court Sets Aside Quashing of Dowry Case, Reiterates Limits of High Court’s Power
21Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Sets Aside Quashing of Dowry Case, Reiterates Limits of High Court’s Power

The Supreme Court held that the High Court erred in quashing criminal proceedings under Section 482 CrPC by conducting a "mini-trial" on the credibility of allegations. The power to quash an FIR is to be exercised sparingly and only when allegations, taken at face value, disclose no cognizable offence. The existence of prima facie allegations necessitates permitting the investigation to proceed. Facts Of The Case: The appellant, Muskan, married respondent No. 1, Ishaan Khan, on 20.11.2020. After five to six months of marriage, she alleged that her husband and his family (respondents 1 to 5) began harassing and taunting her for insufficient dowry. Specific incidents included being slapped by her brother-in-law on 22.07.2021 and, on 27.11.2022, her husband demanding Rs. 50 lakhs from h...
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Supreme Court Rules on Vicarious Liability in Group Assault Case
13Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules on Vicarious Liability in Group Assault Case

In this Supreme Court judgement, the Supreme Court affirmed the conviction of appellants under Sections 302 and 307 read with Section 149 IPC. The Court clarified that vicarious liability under Section 149 applies when a member of an unlawful assembly shares its common object, irrespective of direct commission of the fatal act. It upheld that active facilitation and participation in a coordinated attack establishes guilt. Facts Of The Case: On April 27, 1999, Ankush Gholap and others were returning from Bhor in a jeep when they were intercepted by six accused persons on two motorcycles. The accused, armed with weapons like knives and a sattur, stopped the jeep near Navi Ali. Accused no. 3 removed the jeep's keys and assaulted the driver, while the others dragged Ankush and two other occu...
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“Demand & Acceptance” Not Proved: Supreme Court Acquits Official in Anti-Corruption Case
13Jan By The Legal ChamberNo Comments
Supreme Court

“Demand & Acceptance” Not Proved: Supreme Court Acquits Official in Anti-Corruption Case

The Supreme Court reiterated the established principle that an appellate court should not reverse an acquittal unless the trial court’s view is perverse or based on a manifest misreading of evidence. The prosecution must prove the foundational facts of demand and acceptance of a bribe beyond reasonable doubt, and mere recovery of money is insufficient for conviction under the Prevention of Corruption Act. Facts Of The Case: The appellant, an Assistant Commissioner of Labour, was accused of demanding a bribe of ₹9,000 from a labour contractor for renewing three licences. The prosecution alleged that a partial payment of ₹3,000 was made on 25.09.1997, with the balance demanded the next day. The complainant reported this to the Anti-Corruption Bureau (ACB), which laid a trap on 26.09.1997. ...
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Supreme Court Rules: Non-Examination of Complainant Vitiates Departmental Inquiry
4Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules: Non-Examination of Complainant Vitiates Departmental Inquiry

The Supreme Court held that a departmental inquiry is vitiated if based on the unexamined statement of a key complainant, denying the delinquent employee the right to cross-examination—a violation of natural justice. Charges unsupported by conclusive evidence cannot sustain a dismissal order, warranting judicial intervention under Article 226. Facts Of The Case: The appellant, V.M. Saudagar, was a Travelling Ticket Examiner (TTE) with Central Railway, Nagpur. On 31 May 1988, a Railway Vigilance team conducted a surprise check on his coach. He was subsequently charge-sheeted in July 1989 for alleged misconduct, including demanding illegal gratification from three passengers for berth allotment, possessing excess undeclared cash, failing to recover a small fare difference, and forgin...
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Supreme Court Judgment: When a “Security Bond” is Actually a Mortgage: A Landmark Stamp Duty Ruling
23Dec By The Legal ChamberNo Comments
Supreme Court

Supreme Court Judgment: When a “Security Bond” is Actually a Mortgage: A Landmark Stamp Duty Ruling

In this judgment, the Supreme Court clarified the distinction between a mortgage deed and a security bond for stamp duty under the Indian Stamp Act, 1899. The Court held that the substance of an instrument, not its nomenclature, determines its character. For Article 57 (security bond) to apply, a third-party surety distinct from the principal debtor must be involved. Since the deeds were executed by the principal debtors themselves to secure their own obligations, they were rightly classified as mortgage deeds chargeable under Article 40. Facts Of The Case: In Civil Appeal No. 7661 of 2014, M/s Godwin Construction Pvt. Ltd. executed a "Security Bond cum Mortgage Deed" on 19.12.2006 in favour of the Meerut Development Authority (MDA). This was done to secure performance of its oblig...
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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 ...
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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...
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Supreme Court Says Long-Term Cohabitation Can Prove Valid Marriage for Inheritance Claims: Landmark Ruling
26Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Says Long-Term Cohabitation Can Prove Valid Marriage for Inheritance Claims: Landmark Ruling

This Supreme Court judgment reinforces that under Section 50 of the Indian Evidence Act, the opinion of a person with special means of knowledge is relevant to prove a familial relationship. It upholds the legal presumption of a valid marriage from long-term cohabitation. The Court also affirmed that a party's failure to enter the witness box, when facts are within their exclusive knowledge, warrants an adverse inference under Section 114(g). Revenue records do not confer title but only have fiscal value. Facts Of The Case: The dispute centered on the inheritance rights to the properties of Dasabovi, who had died intestate. The plaintiffs, Venkatappa and Siddamma, claimed to be his legitimate children from his first wife, Bheemakka. They alleged that after their father married a second w...
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Influencing Witnesses? Supreme Court Sets Strict Rules for Granting Bail in Serious Crimes
17Sep By The Legal ChamberNo Comments
Supreme Court

Influencing Witnesses? Supreme Court Sets Strict Rules for Granting Bail in Serious Crimes

The Supreme Court reiterated that bail grant requires a balanced assessment of the nature and gravity of the offence, the prima facie case, and the accused's potential to influence the trial or evade justice. It set aside the High Court's bail order for failing to consider these established parameters, particularly the accused's conduct and the crime's seriousness. Facts Of The Case: The case stems from an FIR registered concerning a violent incident on the intervening night of May 4-5, 2021. The accused, Sushil Kumar, and his associates were alleged to have abducted several individuals from different locations in Delhi and taken them to Chhatrasal Stadium. There, they were violently attacked with wooden sticks and lathis, and gunshots were allegedly fired. One of the abducted in...
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