Tag: legal precedent

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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Not Just Salaried: Supreme Court Rules Self-Employed Accident Victims Get Future Income Rise
8Sep By The Legal ChamberNo Comments
Supreme Court

Not Just Salaried: Supreme Court Rules Self-Employed Accident Victims Get Future Income Rise

The Supreme Court held that self-employed claimants are entitled to future prospects, affirming the principles in Santosh Devi and Pranay Sethi. It further ruled that uncontroverted medical evidence on disability must be accepted in its entirety, and the percentage of disability assessed by the treating doctor cannot be arbitrarily reduced by the Tribunal or High Court without reasoning. Facts Of The Case: On November 19, 2016, at approximately 6:00 a.m., the appellant, Lokesh B, a 38-year-old tailor, was driving his Omni car on the Peenya flyover in Bengaluru. His vehicle collided with a stationary lorry that was allegedly parked in the middle of the flyover without any indicators or reflective warnings. As a result of the collision, Lokesh sustained grievous injuries, including skull f...
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Marriage Dead: Supreme Court Dissolves Union, Quashes 498A Case in Landmark Irretrievable Breakdown Ruling
6Sep By The Legal ChamberNo Comments
Supreme Court

Marriage Dead: Supreme Court Dissolves Union, Quashes 498A Case in Landmark Irretrievable Breakdown Ruling

The Supreme Court, invoking its extraordinary power under Article 142 of the Constitution, dissolved the marriage on the ground of irretrievable breakdown. It quashed the pending criminal proceedings under Section 498-A IPC, finding the allegations to be vague and arising from marital discord, while upholding the terms of a settlement agreement for a clean break. Facts Of The Case: The marriage between Anurag Goel (appellant-husband) and the second respondent (wife) took place on July 25, 2015, following prior divorces for both. After approximately one year and nine months of conjugal life, the relationship soured. The husband alleged constant harassment, leading him to abandon the matrimonial home—a Mumbai apartment he owned—in April 2017 to move to Faridabad with his autistic child fro...
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Supreme Court Rules Property Can Be Returned During Insolvency If Not Needed
6Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules Property Can Be Returned During Insolvency If Not Needed

This Supreme Court judgment affirms the paramountcy of the commercial wisdom of the Committee of Creditors (CoC) under the Insolvency and Bankruptcy Code, 2016. It clarifies that the moratorium under Section 14(1)(d) does not bar the return of possession of a corporate debtor's leased asset when such a decision is a conscious business choice made by the CoC and the Resolution Professional to alleviate a financial burden on the estate. Facts Of The Case: The case originated from a dispute over the possession of a property leased by Nandini Impex Private Limited, the corporate debtor. The appellants had provided loans to the company, secured by the title deeds of the property's front and rear portions. Following a default, the property was conveyed to the appellants through separate deeds ...
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When a Society Becomes a “Trust”: Supreme Court’s Landmark Ruling on Mismanagement in Charitable NGOs
6Sep By The Legal ChamberNo Comments
Supreme Court

When a Society Becomes a “Trust”: Supreme Court’s Landmark Ruling on Mismanagement in Charitable NGOs

The Supreme Court ruled that a society registered under the Societies Registration Act, 1860, can be construed as a constructive trust under Section 92 CPC if it is created for public charitable purposes and its properties are held in a fiduciary capacity. This allows aggrieved parties to sue for breach of trust and seek remedies like a scheme for administration. Facts Of The Case: In 2005, Operation ASHA, a society registered under the Societies Registration Act, 1860, was established to provide healthcare services, particularly tuberculosis treatment, to underprivileged sections of society. A dispute arose in 2020 when its co-founder and CEO, Sandeep Ahuja (Respondent No. 3), terminated the services of another co-founder, Dr. Shelly Batra (Respondent No. 1), alleging misrepresentation ...
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Supreme Court Rules on Loan Disguised as Property Deal, Protects Homeowner from Forced Sale
6Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules on Loan Disguised as Property Deal, Protects Homeowner from Forced Sale

The Supreme Court held that the plaintiff failed to prove the existence of a valid sale agreement, a prerequisite for specific performance under Man Kaur v. Hartar Singh Sangha. The burden of proof was not discharged as the sole evidence was self-serving and key witnesses were not examined. The High Court's reversal of concurrent factual findings was erroneous. Facts Of The Case: The respondents (original plaintiffs) filed a suit for specific performance of an alleged sale agreement dated 12.02.1999, claiming the appellant (defendant) had agreed to sell his house for Rs. 70,000. They asserted having paid Rs. 55,000 as advance and taken possession, subsequently renting the property back to the appellant. The appellant contested the suit, denying any agreement to sell. His defense was that...
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Supreme Court Acquits Man: “Confession to Police” Cannot Be Used as Evidence
6Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Acquits Man: “Confession to Police” Cannot Be Used as Evidence

The Supreme Court acquitted the accused, holding that a confessional FIR made to a police officer is wholly inadmissible as evidence under Section 25 of the Indian Evidence Act, 1872. The prosecution failed to prove its case with legally admissible evidence, rendering the medical and other evidence insufficient for conviction. Facts Of The Case: The appellant, Narayan Yadav, himself lodged an FIR at Korba Kotwali Police Station on 27.09.2019, confessing to the murder of Ram Babu Sharma. In the FIR, he stated that a quarrel ensued at the deceased's residence after the latter made an obscene remark upon seeing a photograph of the appellant's girlfriend. In a fit of rage, the appellant claimed he picked up a vegetable knife and inflicted injuries on the deceased, later also hitting him with...
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Supreme Court Settles the Law: A Person Not Named in Police Report Can Still Be Summoned to Face Trial
6Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Settles the Law: A Person Not Named in Police Report Can Still Be Summoned to Face Trial

The Supreme Court held that under Section 193 CrPC, a Sessions Court is empowered to summon additional accused persons not named in the police report upon committal of a case, as cognizance is taken of the offence—not the offender—and such power is incidental to the court’s original jurisdiction post-committal. This does not amount to taking "fresh cognizance. Facts Of The Case: The case originated from an FIR registered at Police Station Shivali, Kanpur Dehat, concerning the murder and rape of a woman. The initial investigation named one Ajay as the suspect. However, during the probe, the petitioner's name surfaced based on witness statements and an alleged extra-judicial confession. Despite this, the Crime Branch gave the petitioner a clean chit, and a chargesheet was filed solely agai...
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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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Technicality or Right? Supreme Court Acquits Man, Rules Mandatory NDPS Procedures Were Ignored
5Sep By The Legal ChamberNo Comments
Supreme Court

Technicality or Right? Supreme Court Acquits Man, Rules Mandatory NDPS Procedures Were Ignored

The Supreme Court held that the High Court erred in dismissing the appeal solely on the ground of delay, particularly when the appellant was incarcerated. On merits, the Court acquitted the accused due to fatal procedural lapses: non-compliance with mandatory sampling guidelines under Standing Order No. 1 of 1989 and Section 52A of the NDPS Act, which rendered the seizure and FSL report unreliable. The trial court also erred in clubbing separate recoveries to constitute commercial quantity without evidence of conspiracy under Section 29. Facts Of The Case: On July 16, 2018, based on source information, police apprehended the appellant, Nadeem Ahamed, and a co-accused, Amit Dutta, near Laxmi Store in Kolkata. A search, conducted in the presence of a Gazetted Officer, led to the recovery o...
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