Liji Anna Thomas
Amicable Settlement Between Parties Can Be a Factor for a Reduction in Quantum of Sentence Even in Non-Compoundable Cases: Supreme Court
A Full Bench of the Supreme Court released the convicts of a criminal case owing to a mutual settlement between the parties. Brief facts of the case The Appellants Rajavelu and Murali, along with others, cornered and assaulted the victim. Murali...
Estranged Wife Cannot Be Evicted by Transferring Home to Husband the PWDV Act, 2005: Supreme Court
Excerpt A Full Bench of the Supreme Court headed by Justice D.Y Chandrachud held that a shared household under the Protection of Women from Domestic Violence Act, 2005 has to be interpreted to include the residence where the Appellant had...
Dowry Death Case Transferred to CBI Due to Fallacies in Investigation: Supreme Court
Excerpt A Full Bench of the Supreme Court transferred a case involving the wife's death within 7 years of marriage, allegedly owing to harassment for dowry, to the CBI. The Bench observed the flaws in the investigation and misplacement of...
Consequence Cannot Precede the Cause of an Act, “Date” to Be Interpreted According to the Facts of Each Case: Supreme Court
Excerpt A Full Bench headed by Chief Justice S.A Bobde held that the interpretation of ‘date’ under Section 8(3) of the Representation of People’s Act, 1951 must align with the principle of innocent until proven guilty. The Bench held...
Section 7(c) of the Muslim Women (Protection of Rights on Marriage) Act, 2019 Does Not Bar Anticipatory Bail: Supreme Court
Excerpt A Full Bench headed by Justice D.Y Chandrachud held that under Section 438 of Cr.P.C and Section 7(c) of the Act, there is no bar on granting anticipatory bail for an offence committed under Muslim Women Act. However, the Court...
Fair Investigation Is Part of Art. 14 and 21 and Courts Must Ensure It: Supreme Court
Excerpt: A Full Bench of the Supreme Court headed by Justice R. F Nariman held that if the Court gives any directions for that purpose of a fair investigation within the contours of the law, it cannot amount to...
SC: ‘Acceptance’ in TOPA to Be Decided Based on the Conduct of Parties
The Court held here that ‘Acceptance’ under the Transfer of Property Act is to be determined according to the Conduct of the Parties.
SC Agrees to Re-Consider Case Challenging Constitutionality of the National Emergency of 1975
Supreme Court re-considered its decision to admit a petition that challenges the constitutional validity of the notification for National Emergency imposed by Indira Gandhi in 1975. The Petitioner, filed a petition under Article 32 of the Constitution seeking compensation for trauma and harassment faced by her husband and her family due to the declaration of Emergency.
Supreme Court Changes Stance, Agrees to Consider the Constitutionality of the National Emergency of 1975
EXCERPT: A Full Bench of the Supreme Court headed by Justice Sanjay Kishan Kaul re-considered its decision to admit a petition that challenges the constitutional validity of the notification for National Emergency imposed by Indira Gandhi in 1975. The...
SC Affirms Conviction of Accused in Sexual Assault for Exploiting a Victim Suffering From Mental Sickness
A Full Bench of the Supreme Court upheld the High Court's decision in reversing the acquittal of the Accused by the Trial Court. It held that a High Court exerting appellate jurisdiction could re-appreciate the entire evidence if it...