Tag: Supreme Court of India

Supreme Court Uses Special Powers to Protect Student’s Hard-Earned Postgraduate Degree
16Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Uses Special Powers to Protect Student’s Hard-Earned Postgraduate Degree

The Supreme Court ruled that the appellant’s admission and subsequent degree in M.Sc. Environmental Management should not be invalidated despite initial eligibility ambiguities. Exercising powers under Article 142 of the Constitution, the Court held that the university’s delayed and unclear addendums caused confusion, and denying the degree after completion would cause irreparable injustice. The withdrawal of the degree was set aside. Facts Of The Case: The case involved Sakshi Chauhan, who applied for admission to the M.Sc./MBA (Agri Business) program at Dr. Yashwant Singh Parmar University of Horticulture & Forestry in 2020 based on its prospectus. She held a B.Sc. (Agriculture) degree from Eternal University, a UGC-recognized private institution. Due to the COVID-19 pandemic, the ...
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Supreme Court Rules on Oral Family Arrangement: Legal Heirs Can’t Overturn Registered Will
16Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rules on Oral Family Arrangement: Legal Heirs Can’t Overturn Registered Will

The Supreme Court upheld the validity of a registered Will executed by Metpalli Rajanna, recognizing its presumption of genuineness under law. The Court ruled that the burden to disprove the Will lay on the contesting party, which was not discharged. It emphasized that the oral family settlement, supported by possession and revenue records, further validated the Will's distribution of properties. The trial court's decree granting absolute rights to the plaintiff under the Will was restored, overturning the High Court's interference. The judgment reaffirmed the sanctity of registered Wills and family arrangements in property disputes. Facts Of The Case: The case involved a dispute over 4 acres and 16 guntas of land in Dasnapur village between the legal heirs of Metpalli Rajanna. Rajanna, ...
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Landmark Judgment: Supreme Court Orders Eviction of Bidder Who Failed to Pay for 3 Decades
16Aug By The Legal ChamberNo Comments
Supreme Court

Landmark Judgment: Supreme Court Orders Eviction of Bidder Who Failed to Pay for 3 Decades

The Supreme Court upheld the Tamil Nadu Housing Board's cancellation of allotment due to the respondent's chronic default in payment over decades. The Court emphasized that public property must be managed transparently and in the public interest, rejecting the respondent's claims. It ruled that prolonged non-payment justified eviction, denying further indulgence and ordering possession to be surrendered within four months. The judgment reinforced that contractual obligations must be honored and that courts cannot indefinitely protect defaulters at the cost of public welfare. Facts Of The Case: In 1986, the Tamil Nadu Housing Board auctioned a prime commercial plot in Chennai, with S. Ganesan emerging as the highest bidder at ₹4,78,921. Despite the Board's acceptance of his bid, Gan...
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Supreme Court Slams Bail Order: Shelter Home Superintendent Must Surrender in Sex Exploitation Case
16Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Slams Bail Order: Shelter Home Superintendent Must Surrender in Sex Exploitation Case

The Supreme Court cancelled the bail granted to the accused-respondent, holding that the High Court's order was cryptic and violated Section 15A(3) of the SC/ST Act by not hearing the victim. The Court emphasized the gravity of the offences, the accused's influence, and the risk of witness tampering, underscoring the need for reasoned bail orders in serious crimes. The judgment reaffirmed the principles laid down in Shabeen Ahmad and Ajwar, highlighting that bail in heinous offences must consider societal impact and trial integrity. The accused was directed to surrender, with protections ensured for the victims. Facts Of The Case: The case involves an appeal by Victim ‘X’ against the order of the Patna High Court granting bail to Respondent No. 2, the former Superintendent of a women’s p...
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Landmark Judgment: Supreme Court Highlights Importance of Fair Trial in Corruption Cases
14Aug By The Legal ChamberNo Comments
Supreme Court

Landmark Judgment: Supreme Court Highlights Importance of Fair Trial in Corruption Cases

The Supreme Court acquitted the appellant, overturning the High Court's conviction under Sections 7, 12, and 13 of the Prevention of Corruption Act, 1988, and Section 120B IPC. The Court held that the prosecution failed to prove demand and acceptance of bribe beyond reasonable doubt, citing material contradictions, lack of corroborative evidence, and procedural lapses in the trap proceedings. It emphasized the double presumption of innocence in acquittal appeals and ruled that conjectures cannot substitute legal proof. The judgment reaffirmed that mere recovery of tainted money, without conclusive proof of demand, is insufficient for conviction under anti-corruption laws. Facts Of The Case: The case involved M. Sambasiva Rao, an Assistant Administrative Officer at United India Insu...
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Landmark Ruling: Supreme Court Ends Gender Bias Tribal Women Now Have Equal Rights to Ancestral Property!
13Aug By The Legal ChamberNo Comments
Supreme Court

Landmark Ruling: Supreme Court Ends Gender Bias Tribal Women Now Have Equal Rights to Ancestral Property!

The Supreme Court ruled that in the absence of any established custom or law governing inheritance for Scheduled Tribes, the principles of justice, equity, and good conscience under Section 6 of the Central Provinces Laws Act, 1875 must apply. The Court held that denying tribal women equal inheritance rights violates Article 14 (right to equality) of the Constitution, as discrimination based on gender lacks a rational nexus. The judgment overruled the lower courts’ dismissal of the claim, affirming that legal heirs of tribal women are entitled to an equal share in ancestral property unless a contrary custom is proven. Facts Of The Case: The case involved a dispute over the inheritance rights of a tribal woman, Dhaiya, belonging to the Gond Scheduled Tribe in Chhattisgarh. The appellants,...
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Supreme Court Clarifies When Courts Can Summon New Accused During Trial Section 319 CrPC
13Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies When Courts Can Summon New Accused During Trial Section 319 CrPC

The Supreme Court clarified the legal principles governing the exercise of power under Section 319 of the CrPC, emphasizing that it can be invoked based on evidence collected during trial, even if the person was not charge-sheeted. The Court held that the standard for summoning an additional accused is stricter than a prima facie case but does not require proof beyond reasonable doubt. The evidence must show strong complicity, and the power should be exercised sparingly to ensure fairness. The Court restored the Trial Court's summoning order, underscoring that the High Court erred in conducting a mini-trial at this stage. The judgment reaffirmed that the provision aims to prevent the guilty from escaping justice. Facts Of The Case: The case arose from an incident on 29th November 2017, w...
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Supreme Court Verdict : Police Can’t Serve Appearance Notices via WhatsApp
13Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Verdict : Police Can’t Serve Appearance Notices via WhatsApp

The Supreme Court dismissed the application seeking modification of its earlier order, holding that electronic communication (e.g., WhatsApp) is not a valid mode for serving notices under Section 35 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The Court emphasized that such notices, which impact personal liberty, must adhere strictly to prescribed modes of service under the BNSS. It clarified that while electronic service is permissible for court summons under Sections 63, 64, and 71 of the BNSS, the same cannot be extended to investigative notices under Section 35, as the legislative intent excludes electronic modes for this purpose. The judgment underscores the importance of safeguarding individual liberty under Article 21 of the Constitution. Facts Of The Case: The case aro...
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Motive vs. Reform : Supreme Court Commutes Death Penalty Despite ‘Beastly’ Murders
12Aug By The Legal ChamberNo Comments
Supreme Court

Motive vs. Reform : Supreme Court Commutes Death Penalty Despite ‘Beastly’ Murders

The Supreme Court upheld the conviction of the appellant under Section 302 IPC for the brutal murder of five family members, affirming the concurrent findings of the lower courts. While acknowledging the crime's heinous nature, the Court commuted the death sentence to life imprisonment without remission, citing mitigating factors such as the appellant's potential for reformation, lack of criminal antecedents, and satisfactory prison conduct. The judgment emphasized adherence to the "rarest of rare" doctrine and the necessity of comprehensive sentencing considerations, including psychological and social background reports, as outlined in Bachan Singh and Manoj v. State of M.P.. The Court balanced the gravity of the offense with the principle of reformative justice. Facts Of The Case: The ...
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DNA Evidence & Last Seen Theory : Supreme Court Commutes Death Penalty to Life in Child Rape-Murder Case
12Aug By The Legal ChamberNo Comments
Supreme Court

DNA Evidence & Last Seen Theory : Supreme Court Commutes Death Penalty to Life in Child Rape-Murder Case

The Supreme Court upheld the conviction of the accused under Sections 376, 377, 302 IPC and Section 5/6 POCSO Act for the sexual assault and murder of a minor. However, it commuted the death penalty to life imprisonment, ruling that the case did not meet the "rarest of rare" standard due to insufficient consideration of mitigating circumstances and rehabilitation potential. The Court emphasized the necessity of balancing aggravating and mitigating factors before imposing capital punishment, following precedents like Mohd. Farooq Abdul Gafur and Gudda v. State of M.P., while affirming the reliability of DNA evidence and the last-seen theory in securing conviction. Facts Of The Case: The case involved the brutal sexual assault and murder of a 10-year-old girl in Dehradun, Uttarakhand. On 2...
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