Tag: Supreme Court of India

Supreme Court Quashes Conviction in POCSO Case After Marriage to Victim
6Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Quashes Conviction in POCSO Case After Marriage to Victim

The Supreme Court invoked Article 142 to quash the appellant's conviction under POCSO and IPC, balancing societal deterrence with familial rehabilitation. The ruling prioritized "complete justice" and marital harmony post-marriage to the victim, imposing a lifelong condition of maintenance and non-desertion, while cautioning against precedent. Facts Of The Case: The appellant was convicted under Section 366 of the Indian Penal Code and Section 6 of the POCSO Act, receiving sentences of rigorous imprisonment for 5 and 10 years respectively. His appeal before the Madras High Court was dismissed in September 2021. During the pendency of this appeal, in May 2021, the appellant married the victim. Subsequently, they had a male child. The appellant's wife filed an affidavit expressing ...
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Supreme Court Clarifies Law on Witness Intimidation: Victims Can Go Straight to Police
6Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies Law on Witness Intimidation: Victims Can Go Straight to Police

This Supreme Court judgment clarifies the procedural conflict regarding offences under Section 195A IPC (threatening to give false evidence). The Supreme Court holds that Section 195A IPC is a cognizable offence. Consequently, the police have the independent power to register an FIR and investigate under Sections 154/156 CrPC, and the restrictive complaint procedure under Section 195(1)(b)(i) CrPC is not applicable. Facts Of The Case: The case originated from two separate sets of proceedings. In the first, from Kerala, an FIR was registered under Section 195A IPC after a de facto complainant, who had turned approver in a murder case, was threatened with dire consequences to give false evidence. The accused sought bail, arguing the mandatory procedure under Section 195(1)(b)(i) CrPC—requi...
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Injured Witness Testimony Crucial: Supreme Court Dismisses Appeals in 1988 Double Murder Case
6Jan By The Legal ChamberNo Comments
Supreme Court

Injured Witness Testimony Crucial: Supreme Court Dismisses Appeals in 1988 Double Murder Case

The Supreme Court upheld the appellants' conviction under Sections 302/149 and 307/149 IPC, affirming the High Court's judgment. It ruled the case did not fall under Exception 4 to Section 300 IPC, as the assault with sharp weapons in furtherance of common intention established murder, not culpable homicide. The ocular and medical evidence was found reliable. Facts Of The Case: On May 19, 1988, an altercation arose between two groups of relatives over a land boundary dispute in a sugarcane field. The appellants, led by Molhar and Dharamvir, allegedly damaged a ridge (mendh) on the complainant's side. When the deceased Dile Ram objected, a fight ensued. The appellants, armed with lathis, spades, and phawadas, assaulted Dile Ram, Braham Singh, and Bangal Singh (PW-2). Both Dile Ram and Bra...
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Supreme Court Clarifies: Pending Cases Don’t Justify Violating Active Court Orders
6Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies: Pending Cases Don’t Justify Violating Active Court Orders

The Supreme Court held that once an interim court order is in operation, it remains binding unless specifically vacated. Merely releasing a reserved matter does not invalidate or nullify an existing interim order. Violating such an order without obtaining prior leave from the court constitutes a prima facie case for contempt proceedings. Facts Of The Case: The appellant, a professor at KGMU, was appointed as the Nodal Officer for implementing a software system in 2010. In 2017, audit objections arose regarding expenditures during his tenure, leading to a disciplinary inquiry. The professor challenged the preliminary inquiry and a subsequent notice via his first writ petition in 2018. While this petition was reserved for judgment, the disciplinary committee sent him a questionnaire, which...
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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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Landmark Ruling Protects IP Owners: Supreme Court Says Continuous Infringement Creates Inherent Urgency
4Jan By The Legal ChamberNo Comments
Supreme Court

Landmark Ruling Protects IP Owners: Supreme Court Says Continuous Infringement Creates Inherent Urgency

This Supreme Court judgment clarifies that under Section 12A of the Commercial Courts Act, a suit alleging continuing infringement of intellectual property rights inherently contemplates urgent interim relief. The Court held that mere delay in filing the suit does not negate urgency, as each ongoing act of infringement causes immediate and irreparable harm, and public interest in preventing market deception also factors into the assessment. Facts Of The Case: The appellant, a Danish company named Novenco Building and Industry A/S, held patents and design registrations in India for its industrial fans sold under the brand ‘Novenco ZerAx’. It had entered into a dealership agreement with respondent No. 1, Xero Energy Engineering Solutions Pvt. Ltd., in 2017. The appellant later discov...
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From Paper Rights to Real Rights: Supreme Court Orders Sweeping Reforms for Transgender Community
4Jan By The Legal ChamberNo Comments
Supreme Court

From Paper Rights to Real Rights: Supreme Court Orders Sweeping Reforms for Transgender Community

This Supreme Court judgment affirms that the Transgender Persons (Protection of Rights) Act, 2019, read with Articles 14, 15, and 21 of the Constitution, imposes horizontal obligations on both State and private establishments to prevent discrimination against transgender persons. The Court underscores the State’s positive duty to ensure reasonable accommodation, effective grievance redressal, and substantive equality, holding that legislative and administrative inaction constitutes discriminatory omission. Facts Of The Case: The petitioner, Jane Kaushik, a transgender woman and trained teacher, faced alleged discrimination and termination from two private schools within a year. She was first appointed by the First School in November 2022 but was forced to resign after eight days, citin...
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Supreme Court Unifies Patent Litigation in One Court to Prevent Conflicting Judgments
4Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Unifies Patent Litigation in One Court to Prevent Conflicting Judgments

The Supreme Court allowed the transfer of an infringement suit from Delhi to Bombay High Court under Section 25 of the CPC, prioritizing the suit filed earlier in time to avoid multiplicity of proceedings and conflicting judgments. It held that a suit for groundless threats under Section 106 of the Patents Act constitutes an independent cause of action, but consolidation is necessary when legal and factual issues substantially overlap. Facts Of The Case: Atomberg Technologies launched its "Atomberg Intellon" water purifier on June 20, 2025. Shortly after, its competitor, Eureka Forbes Limited, allegedly made oral threats to Atomberg's distributors, claiming patent infringement and threatening legal action. In response, Atomberg filed a suit for "groundless threats...
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Supreme Court Overturns Life Sentences, Grants Benefit of Doubt in 1990 Murder Case
2Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Overturns Life Sentences, Grants Benefit of Doubt in 1990 Murder Case

The Supreme Court acquitted the accused-appellant and three co-convicts, finding the prosecution's eyewitness testimonies wholly unreliable and contradictory regarding the genesis and location of the incident. The Court held that the prosecution failed to establish its case beyond reasonable doubt, warranting the benefit of doubt under Article 142 of the Constitution. Facts Of The Case: The case stems from an incident on 28th September 1990, where an altercation allegedly occurred in a village involving ten accused persons. According to the FIR lodged by Gobariya (PW-2), the incident began when the accused were damaging a temporary hutment belonging to Jagya (PW-3). Gobariya's son, Ramesh, intervened to pacify them, upon which the assailants allegedly turned on him and assaul...
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Supreme Court Denies Reduction in Jail Term for Man Who Killed Peacemaker in Family Feud
2Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court Denies Reduction in Jail Term for Man Who Killed Peacemaker in Family Feud

In this appeal against sentence under Section 304 Part-II IPC, the Supreme Court refused to reduce the 8-year rigorous imprisonment. The Court held that sentencing must balance proportionality and societal interests, and undue leniency undermines justice. The appellant’s act of using an axe on the victim’s neck demonstrated the requisite knowledge for the offense. Facts Of The Case: The case arose from a familial dispute involving allegations of rape. The appellant, Kotresh, was aggrieved as his cousin (‘C’) was allegedly raped by the elder brother (‘V’) of the eventual victim, ‘S’. This led to demands for marriage between C and V. A day before the incident, a meeting to resolve the issue failed. The next day, the appellant and other family members confronted V’s family, leading to a s...
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