Tag: Supreme Court of India

Supreme Court Verdict on Delhi Ridge : DDA Must Pay for Environmental Damage in Delhi Ridge Case
13Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Verdict on Delhi Ridge : DDA Must Pay for Environmental Damage in Delhi Ridge Case

The Supreme Court held the Delhi Development Authority (DDA) in contempt for wilfully disobeying its 1996 order prohibiting tree felling in the Delhi Ridge and for concealing this action from the court. The Court emphasized that such conduct obstructs the administration of justice and undermines the Rule of Law, necessitating remedial measures to purge the contempt. Facts Of The Case: This contempt petition before the Supreme Court of India stems from the Delhi Development Authority's (DDA) alleged wilful disobedience of the Court's 1996 order in M.C. Mehta v. Union of India, which mandated the preservation of the ecologically sensitive Delhi Ridge. The DDA sought approval for constructing approach roads to the Central Armed Police Forces Institute of Medical Sciences (CAPFIMS), entailin...
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Supreme Court : From Life Imprisonment to 20 Years Young Offenders Get Relief in POCSO Case
12Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court : From Life Imprisonment to 20 Years Young Offenders Get Relief in POCSO Case

The Supreme Court of India granted leave to appeal against a High Court judgment dated April 26, 2024, which affirmed the conviction of appellants under various sections of the IPC and Section 6 of the POCSO Act, 2012, including imprisonment for life. While upholding the conviction, the Supreme Court partially allowed the appeals, reducing the sentence from life imprisonment (remainder of natural life) to twenty years of rigorous imprisonment based on Section 6 of the POCSO Act and considering the appellants' age and incarceration period. Facts Of The Case: Pintu Thakur @ Ravi and other appellants were convicted by the Additional Sessions Judge, Fast Track Special Court (POCSO Act), Ramanujganj, District Balrampur, in Special Sessions (POCSO) Case No. 36/2020. This conviction was subse...
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Supreme Court Stops Misuse of Rape Laws : No Rape If Relationship Was Consensual
12Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Stops Misuse of Rape Laws : No Rape If Relationship Was Consensual

The Supreme Court of India quashed criminal proceedings against the Appellant, finding that the alleged sexual assault and unnatural sex charges under Sections 376, 376(2)(n), 377, 504, and 506 of the IPC were not established. The Court held that the relationship was consensual, not based on a false promise to marry, and the complaint was likely motivated by a "disgruntled state of mind". The case fell under categories for quashing criminal proceedings to prevent abuse of process of law. Facts Of The Case: This appeal arises from the dismissal of Amol Bhagwan Nehul's petition to quash Criminal Case C.R. No. 490/2023, registered on July 31, 2023, for alleged offenses under Sections 376, 376(2)(n), 377, 504, and 506 IPC. The Complainant, Respondent No. 2, alleged that the Appellant forci...
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Affidavits & Fair Trial: Why the Supreme Court Overturned a Murder Conviction
12Jun By The Legal ChamberNo Comments
Supreme Court

Affidavits & Fair Trial: Why the Supreme Court Overturned a Murder Conviction

The Supreme Court acquitted the appellants, setting aside their conviction under Sections 302 and 307 read with Section 34 of the IPC, due to serious doubts about the prosecution's case. The investigation was deemed unfair because the investigating officer suppressed affidavits from three eyewitnesses (PW-5, PW-6, PW-7) that favored the accused, and failed to conduct further investigation based on these affidavits. The Court found it unsafe to convict solely on PW-4's testimony given the suppressed material. Facts Of The Case: Sakhawat and Mehndi, appellant nos. 1 and 2 respectively, appealed a judgment from the High Court of Allahabad dated October 9, 2018, which upheld their conviction for offenses under Section 302 and Section 307 read with Section 34 of the Indian Penal Code, 1860 (I...
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Sand Mining Case: Supreme Court Explains State’s Power to Fix DMF Charges for Minor Minerals
12Jun By The Legal ChamberNo Comments
Supreme Court

Sand Mining Case: Supreme Court Explains State’s Power to Fix DMF Charges for Minor Minerals

The Supreme Court dismissed appeals challenging demand notices for depositing 10% of the total bid amount with the District Mineral Foundation (DMF). The Court held that Section 9B of the Mines and Minerals (Development and Regulation) Act, 1957, is inapplicable to minor minerals due to Section 14. The State Government is empowered under Section 15A to fix the amount payable to the DMF for minor minerals. The Court found the demand consistent with statutory provisions and the 2017 Rules Facts Of The Case: Chandra Bhan Singh, a successful bidder for mining minor minerals (sand), was allotted a tender. In line with the Policy decision dated April 22, 2017, the Appellant was required to deposit an amount of ₹54,12,960/-, representing 10% of the total bid amount of ₹5,41,29,600/-, to the Dis...
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Big Relief for Mothers: Supreme Court Backs Woman’s Right to Benefit After Remarriage
11Jun By The Legal ChamberNo Comments
Supreme Court

Big Relief for Mothers: Supreme Court Backs Woman’s Right to Benefit After Remarriage

The Supreme Court ruled that K. Umadevi is entitled to maternity leave under FR 101(a), setting aside the High Court Division Bench's decision. The Court emphasized a purposive and liberal interpretation of maternity benefit provisions, aligning with reproductive rights under Article 21 of the Constitution and international conventions, irrespective of prior children not in the mother's custody or born from a previous marriage. Facts Of The Case: K. Umadevi, the appellant, married A. Suresh in 2006, having two children from this wedlock in 2007 and 2011. Their marriage was dissolved in 2017, and the children remained in the custody of her former husband. In December 2012, she joined government service as an English Teacher in Tamil Nadu. On September 12, 2018, the appellant remarried M...
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SARFAESI Act’s Section 11: Supreme Court Affirms Mandatory Arbitration for Financial Institutions
11Jun By The Legal ChamberNo Comments
Supreme Court

SARFAESI Act’s Section 11: Supreme Court Affirms Mandatory Arbitration for Financial Institutions

The Supreme Court, in Bank of India vs. M/s Sri Nangli Rice Mills Pvt. Ltd., ruled that Section 11 of the SARFAESI Act is mandatory, requiring inter-se disputes between banks and financial institutions concerning secured assets to be resolved through arbitration. No explicit arbitration agreement is needed; the provision legally mandates it, thereby divesting DRT of jurisdiction in such matters. Facts Of The Case: In the case of Bank of India vs. M/s Sri Nangli Rice Mills Pvt. Ltd. & Ors., the core dispute involved the priority of charge over secured assets (stocks of paddy and rice) belonging to a common borrower, M/s Sri Nangli Rice Mills Pvt. Ltd., between two public sector banks: Bank of India (appellant) and Punjab National Bank (respondent). Both banks had extended credit facil...
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Grounds for Arrest: The Supreme Court’s Latest Verdict on Constitutional Safeguards
11Jun By The Legal ChamberNo Comments
Supreme Court

Grounds for Arrest: The Supreme Court’s Latest Verdict on Constitutional Safeguards

The Supreme Court addressed the legality of arrest and compliance with constitutional mandates under Article 22, specifically concerning the prompt furnishing of grounds for arrest. The judgment deliberated on the application of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Prevention of Corruption Act, affirming adherence to due process in arrest procedures. Facts Of The Case: This appeal originated from a writ petition filed before the High Court of Andhra Pradesh, seeking a writ of habeas corpus on the grounds of alleged illegal arrest and unlawful detention of Kessireddy Raja Shekhar Reddy, the appellant's son. He was arrested by the CID in connection with offenses purportedly committed under the Indian Penal Code and the Prevention of Corruption Act. The core contention in t...
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Supreme Court Mandates Timely Promotions and Cadre Review for CAPF Officers
11Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Mandates Timely Promotions and Cadre Review for CAPF Officers

The Supreme Court affirmed Central Armed Police Forces (CAPFs) as 'Organized Group-A Services,' entitling officers to Non-Functional Financial Upgradation. It directed a six-month cadre review and recruitment rule revision. The Court also suggested progressively reducing IPS deputation posts in CAPFs to address officer stagnation and grievances Facts Of The Case: The case originated from a long-standing grievance of officers belonging to the Central Armed Police Forces (CAPFs) – including CRPF, BSF, SSB, ITBP, and CISF. These officers sought recognition of their services as 'Organized Group-A Services' (OGAS), a crucial classification for ensuring parity with other Group-A services and entitlement to benefits such as Non-Functional Financial Upgradation (NFFU). A primary co...
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CDs as Evidence: Supreme Court Clarifies Rules for Production in CBI Case
11Jun By The Legal ChamberNo Comments
Supreme Court

CDs as Evidence: Supreme Court Clarifies Rules for Production in CBI Case

The Supreme Court upheld that additional documents can be produced by the prosecution even after the charge sheet is filed, especially if inadvertently omitted. The Court reiterated that Section 173(5) of the CrPC is directory, not mandatory, and permits the production of documents gathered before or after investigation with court permission. The judgment clarifies that the authenticity of such documents remains an open issue to be proved during trial. Facts Of The Case: An FIR was registered on May 3, 2013, for offences under the IPC and the PC Act. The dispute involves two Compact Discs (CDs). Between January 8, 2013, and May 1, 2013, the Ministry of Home Affairs permitted the interception of telephone calls of several accused and one Manoj Garg. On May 4 and May 10, 2013, two CDs cont...
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