Tag: Legal Proceedings

Lawyer’s Reputation Restored: Supreme Court Wipes Clean High Court’s “Professional Impropriety” Remark
Supreme Court

Lawyer’s Reputation Restored: Supreme Court Wipes Clean High Court’s “Professional Impropriety” Remark

The Supreme Court expunged adverse remarks made by the High Court against an advocate, holding that such observations could have been avoided. The Court considered the possibility of a bona fide omission by the counsel, who was not involved in the connected case, and ruled that the expunction of the adverse comments was warranted in the circumstances of the case. Facts Of The Case: The appellant, an advocate named Siddharth Gupta, filed a writ petition before the High Court of Madhya Pradesh on behalf of his clients. During the proceedings, he relied upon a decision of the Supreme Court in the case of Index Medical College Hospital & Research Centre. The Division Bench of the High Court, in its final order, made adverse observations against the appellant, noting that his conduct "bor...
Supreme Court Judgment: Key Takeaway from Vanita vs. Shriram Insurance Co. Ltd.
Supreme Court

Supreme Court Judgment: Key Takeaway from Vanita vs. Shriram Insurance Co. Ltd.

The Supreme Court dismissed the civil appeal, thereby upholding the decision of the lower courts. The ruling signifies that the appellants' legal challenge against the insurance company's position was not tenable in law. The court found no merit to interfere, allowing the impugned judgment and the terms of the insurance policy to stand. Facts Of The Case: The case originated from a claim filed by Vanita and others, likely the legal heirs of a deceased, seeking compensation under a motor accident claim. The accident presumably involved a vehicle insured with M/s Shriram Insurance Company Ltd. The Motor Accidents Claims Tribunal (MACT) initially ruled in the case, and its decision was subsequently challenged in a High Court. It appears that the claimants' appeal was unsuccessful in the Hig...
Supreme Court Rules: Vague and Omnibus Aren’t Grounds to Quash FIR If Specific Allegations Exist
Supreme Court

Supreme Court Rules: Vague and Omnibus Aren’t Grounds to Quash FIR If Specific Allegations Exist

The Supreme Court held that the High Court erred in quashing the FIR under Section 482 CrPC, ruling that the allegations contained specific details of dowry demands with dates and particulars, which prima facie disclosed offences under the Dowry Prohibition Act, 1961. The Court clarified that factual defences like misrepresentation are to be adjudicated at trial and cannot be grounds for quashing at the preliminary stage. Facts Of The Case: The case originated from an FIR lodged by the first appellant, Krishnakant Kwivedy, against the respondents for offences under the Dowry Prohibition Act, 1961. The complaint alleged that negotiations for the marriage between the second appellant (Kwivedy's daughter) and the fifth respondent broke down due to dowry demands. Specific allegations w...
Justice Delayed, Not Denied: Supreme Court Orders Immediate Release of Compensation Certificates
Supreme Court

Justice Delayed, Not Denied: Supreme Court Orders Immediate Release of Compensation Certificates

The Supreme Court disposed of contempt petitions, affirming wilful disobedience of prior orders dated November 21, 2014, May 17, 2022, and December 10, 2024, regarding the issuance of DRCs/TDRs. The Court rejected attempts to re-examine previously decided issues or impose new conditions, emphasizing its limited contempt jurisdiction. DRCs/TDRs are to be released to complainants upon filing an undertaking, with the State retaining a first charge on any future compensation from civil appeals Facts Of The Case: This case involves contempt petitions filed due to alleged wilful disobedience of court orders dated November 21, 2014, May 17, 2022, and March 19, 2024. The Supreme Court, in a judgment dated December 10, 2024, found the contemnors guilty of wilful non-compliance despite purported c...