Tag: Justice Vikram Nath

Supreme Court How Contradictory Witness Testimonies Saved a Man from the Death Penalty
12Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court How Contradictory Witness Testimonies Saved a Man from the Death Penalty

The Supreme Court acquitted the appellant, overturning his death sentence, due to glaring inconsistencies in eyewitness testimonies (PW1, PW2) and lack of corroborative evidence. The prosecution failed to prove guilt beyond reasonable doubt, as recoveries were unreliable, forensic links were absent, and material contradictions undermined the case. The Court emphasized strict adherence to evidentiary standards in capital offenses. Facts Of The Case: The case involves the brutal murder of four family members—Seema Rani (the appellant’s wife), Reena Rani (sister-in-law), and two minor children, Sumani Kumari (3-4 years) and Harsh (1.5-2 years)—along with injuries to two others, Harry (5 years) and Om Prakash (18 years). The incident occurred on November 29, 2013, in the early morning at the...
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Landmark Ruling: Supreme Court Dissolves Marriage Under Article 142 for Unhappy Couple
11Aug By The Legal ChamberNo Comments
Supreme Court

Landmark Ruling: Supreme Court Dissolves Marriage Under Article 142 for Unhappy Couple

The Supreme Court granted divorce under Article 142 on the ground of irretrievable breakdown of marriage, citing 16 years of separation and failed reconciliation. It upheld the husband’s acquittal in a false cruelty case (IPC 498A) and enhanced maintenance to ₹15,000/month for the wife and child, prioritizing dignity over a defunct marital bond. Facts Of The Case: The marriage between Pradeep Bhardwaj (appellant-husband) and Priya (respondent-wife) was solemnized on 7 May 2008 in Delhi under Hindu rites. A son was born in 2009, who remained in the wife’s custody. The couple separated in October 2009, just over a year after marriage, and had been living apart for 16 years by the time of the Supreme Court’s judgment. The husband filed for divorce in 2010 under Section 13(1)(a) of the Hindu...
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Conspiracy in Construction: Supreme Court Slams Builder & Officials for Violating Zoning Rules
8Aug By The Legal ChamberNo Comments
Supreme Court

Conspiracy in Construction: Supreme Court Slams Builder & Officials for Violating Zoning Rules

The Supreme Court dismissed the appellant's appeal, upholding the Kerala High Court's decision to proceed with criminal charges under Section 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988, and Section 120-B IPC (criminal conspiracy). The Court ruled that obtaining a fraudulent permit for illegal construction in a prohibited zone constituted a criminal conspiracy with municipal officials. The attempt to regularise the unauthorised building did not absolve the appellant of liability. The Court distinguished the architect's case, noting lack of active involvement in the conspiracy. Charges were affirmed, emphasising strict enforcement of anti-corruption laws. Facts Of The Case: The case involves G. Mohandas, the owner of a building in Vanchiyoor Village, Thiruvanantha...
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Supreme Court Explains : When Can Courts Quash Serious Crimes?
5Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Explains : When Can Courts Quash Serious Crimes?

The Supreme Court, exercising its inherent powers under Section 482 CrPC, quashed criminal proceedings—including a non-compoundable offense under Section 376 IPC—based on an amicable settlement between the parties. The Court emphasized that while such offenses are grave, exceptional circumstances (victim’s unequivocal settlement, societal harmony, and futility of trial) justified judicial intervention to prevent abuse of process. The ruling reaffirms that ends of justice override rigid legal constraints in unique cases. Facts Of The Case: The case arose from two FIRs registered in November 2023 at Mehunbare Police Station, Jalgaon. The first FIR (No. 302/2023) was filed against Madhukar and others under Sections 324, 143, 147, 452, and others of the IPC, alleging they assaulted a woman a...
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Supreme Court Takes Strong Stand : No Bail for Accused in Vengeful Mob Attack
13Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Takes Strong Stand : No Bail for Accused in Vengeful Mob Attack

The Supreme Court of India overturned the High Court's bail orders, cancelling the bail granted to the respondents. The Court found the allegations to be grave, shaking the conscience of the court, and noted an imminent likelihood of the accused adversely affecting a fair trial due to their influence and non-cooperation. The trial court was directed to expedite proceedings and ensure witness protection. Facts Of The Case: The incident in question occurred on May 2, 2021, following the announcement of the Assembly election results in West Bengal. The complainant, a follower of the Hindu religion and a supporter of the Bharatiya Janata Party, alleged that he and his family faced threats and violence from supporters of the ruling dispensation in his village, Gumsima, where they were a min...
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Supreme Court Exposes False Allegations, Quashes FIR in Sexual Assault Case
13Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Exposes False Allegations, Quashes FIR in Sexual Assault Case

The Supreme Court of India quashed FIRs No. 103 of 2022 and 751 of 2021, and all consequent proceedings, finding no prima facie material to substantiate allegations of cheating or sexual intercourse under false promise of marriage. The Court noted inherent contradictions in the complaints and found the complainant's allegations to be fabricated and malicious, indicating manipulative and vindictive tendencies. Facts Of The Case: The case involves Batlanki Keshav (Kesava) Kumar Anurag, the appellant, challenging an order from the High Court for the State of Telangana at Hyderabad, which rejected his petition to quash FIR No. 103 of 2022. This FIR, registered at Madhapur Police Station, Cyberabad, alleges offenses under Section 376(2)(n) of the Indian Penal Code, 1860, and Section 3(2)(v)...
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Fraud Case Closed: Supreme Court Rules in Favor of Accused After Bank Settlement
13Jun By The Legal ChamberNo Comments
Supreme Court

Fraud Case Closed: Supreme Court Rules in Favor of Accused After Bank Settlement

The Supreme Court quashed criminal proceedings under Sections 120B, 420, 468, and 471 IPC, and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, against the appellants. This decision was based on a comprehensive One Time Settlement with the Bank, full repayment of dues, and dismissal of recovery proceedings. The Court noted that continuing the proceedings would serve no purpose, especially given similar cases against co-accused were also quashed on grounds of settlement Facts Of The Case: N.S. Gnaneshwaran and N.S. Madanlal, accused nos. 3 and 6 respectively, are the appellants in this case. They were facing criminal proceedings in C.C. No. 16 of 2006, arising from FIR No. RC MA1 2005 0020, based on a complaint lodged by respondent no.2 - Bank on April 27, 2...
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Supreme Court Rejects Appeal in Dowry Harassment Case : Confirms 10-Year Jail for Husband in Dowry Death Case
24May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rejects Appeal in Dowry Harassment Case : Confirms 10-Year Jail for Husband in Dowry Death Case

The Supreme Court upheld the conviction under Section 304-B IPC (dowry death), affirming that the prosecution proved demand of dowry, cruelty, and unnatural death within seven years of marriage. The Court emphasized the presumption under Section 113-B of the Evidence Act, shifting the burden to the accused, who failed to rebut it. It clarified that contradictory defenses (accidental fall vs. suicide) weaken the accused's case, and consistent witness testimonies established dowry harassment. The judgment reinforced strict scrutiny of dowry-related deaths and dismissed the appeal, sustaining the 10-year rigorous imprisonment sentence. Facts Of The Case: The case involved the death of Punita (alias Gayatri), who married the accused-appellant Virender Pal on February 28, 2008. Within months ...
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“Supreme Court Transfers Investigation to CBI in Shocking Custodial Torture & Death Case” : Police Brutality Exposed
22May By The Legal ChamberNo Comments
Supreme Court

“Supreme Court Transfers Investigation to CBI in Shocking Custodial Torture & Death Case” : Police Brutality Exposed

The Supreme Court transferred the investigation of a custodial death case to the CBI, citing bias in the local police probe under "nemo judex in causa sua" (no one should judge their own cause). It emphasized witness protection for the sole eyewitness, Gangaram Pardhi, and directed expedited arrests and trial, reinforcing accountability in custodial violence cases under constitutional safeguards. The judgment underscored fair investigation as a facet of Article 21. Facts Of The Case: The case stemmed from the custodial death of Deva Pardhi, a young man arrested by Madhya Pradesh police on 13th July 2024 during his wedding rituals in connection with a theft case (FIR No. 232/2024). Witnesses, including his uncle Gangaram Pardhi, alleged brutal torture—beatings, hanging upside down, and ch...
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