landmark judgments - The Legal Chamber

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 ...

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...

Supreme Court Rules: Companies Can Also Be ‘Victims’ in Criminal Cases

7Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules: Companies Can Also Be ‘Victims’ in Criminal Cases

The Supreme Court ruled that a company qualifies as a "victim" under Section 2(wa) CrPC if it suffers loss or injury due to an offence, entitling it to file an appeal against acquittal under the proviso to Section 372 CrPC. The Court clarified that such appeals are independent of Section 378 CrPC and need not be restricted to cases where the victim is the complainant. The judgment reinforces the expansive interpretation of "victim" to include corporations, ensuring their right to challenge wrongful acquittals in criminal cases involving infringement or fraud. Facts Of The Case: Asian Paints Limited, a leading paint manufacturer, discovered counterfeit products being sold under its brand name at a shop owned by Ram Babu in Jaipur. The company had authorized M/s Solution, an IPR consultanc...

Supreme Court Clarifies Rules for Senior Advocate Designation: Transparency vs. Discretion

5Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Clarifies Rules for Senior Advocate Designation: Transparency vs. Discretion

The Supreme Court upheld the validity of Rule 6(9) of the High Court of Orissa (Designation of Senior Advocate) Rules, 2019, which permits the Full Court to designate advocates as Senior Advocates suo motu based on exceptional merit. The Court clarified that such designations must adhere to the principles of fairness, transparency, and objectivity, as outlined in Section 16(2) of the Advocates Act, 1961, and the guidelines in Indira Jaising v. Supreme Court of India. The judgment emphasized that the suo motu power of the Full Court is supplementary to the application-based process and does not undermine the statutory framework. The amended Rule 6(9) was upheld, ensuring alignment with constitutional principles. Facts Of The Case: The case arose from a challenge to the High Court of Oriss...

Supreme Court Rules : Res Judicata Can’t Be Decided at Plaint Stage

4Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules : Res Judicata Can’t Be Decided at Plaint Stage

The Supreme Court held that the plea of res judicata cannot be adjudicated under Order VII Rule 11 of the Civil Procedure Code (CPC) as it requires an in-depth examination of pleadings, issues, and decisions from the previous suit, which is beyond the scope of a plaint rejection application. The Court emphasized that only the averments in the plaint must be considered, and defenses or external documents cannot be relied upon. The judgment clarified that issues like fraud, collusion, or jurisdictional defects in a prior decree must be examined during trial, not at the preliminary stage. The appeal was allowed, and the suit was restored for expeditious disposal. Facts Of The Case: The appellant, Pandurangan, purchased a disputed property from Hussain Babu in 1998, who had earlier acquired ...

Supreme Court Clarifies: When Does a Dispute Resolution Clause Qualify as Arbitration? Mediation or Arbitration

22May

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Clarifies: When Does a Dispute Resolution Clause Qualify as Arbitration? Mediation or Arbitration

The Supreme Court ruled that Article 20 of the Concession Agreements between MCD and private contractors did not constitute a valid arbitration clause under Section 7 of the Arbitration and Conciliation Act, 1996. The Court emphasized that clauses lacking mutual intent, impartial adjudication, and procedural fairness cannot be enforced as arbitration agreements, directing parties to pursue alternative remedies. The judgment reiterated the essential elements of arbitration clauses from K.K. Modi v. K.N. Modi (1998) and upheld precedent in SDMC v. SMS AAMW Tollways (2019). Facts Of The Case: The case involved three separate appeals before the Supreme Court concerning Concession Agreements between the Municipal Corporation of Delhi (MCD) and private contractors (SMS Ltd., DSC Ltd., and CCC ...