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Mrs. Sushmita Ghosh and Mr. Gyan Chand Ghosh got married on 10th May 1985 following Hindu rituals and traditions. However, after just a few months, on 22nd April 1992, Mr. Ghosh informed his wife that he no longer wished to stay with her and insisted on getting a divorce by mutual consent. Since it was a new marriage, Mrs. Sushmita Ghosh was unwilling to consent to a divorce and expressed her desire to continue living with her husband. Later, Mr.....
Read MoreCommander Kawas Manekshaw Nanavati, an officer in the Indian Navy, was tried for the murder of Prem Ahuja, his wife Sylvia’s lover. In March 1959, Nanavati and his family moved to Bombay, where they met Prem Ahuja, a businessman, through an old friend. While Nanavati was often away on duty, Sylvia began an affair with Prem. She eventually developed feelings for him and asked if he would marry her and take responsibility for her children. However, Prem’s response was evasive,....
Read MoreIn 2014, a 23-year-old woman was assaulted and murdered, and the Bombay High Court sentenced the accused to death on December 20. However, the media, including prominent outlets like Times Now, Mumbai Mirror, New Indian Express, Hindustan Times, The Hindu, and First Post, revealed the victim's identity and even published her photograph. This was a clear violation of Section 228A of the Indian Penal Code, which prohibits disclosing the identity of assault victims. According to this law, if the victim....
Read MoreThe case of R.M. Malkani vs. State of Maharashtra (1972) arose from a criminal appeal by R.M. Malkani, who was the Coroner of Bombay, challenging his conviction under Section 161 (public servant taking gratification) and Section 385 (putting a person in fear of injury to commit extortion) of the Indian Penal Code (IPC). The case involved allegations of corruption and extortion related to an inquest concerning the death of Jagdishprasad Khandelwal, who died following surgery for acute appendicitis. The hospital....
Read MoreA Bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta, Senior Advocate Gopal Shankaranarayan, Introduction In this case a significant legal question regarding the maintainability of a writ petition under Article 32 of the Constitution for reconsideration of a death sentence in light of the Supreme Court’s 2022 judgment in Manoj v. State of MP. The petition was filed after all judicial remedies, including review and mercy petitions, had been exhausted. The Supreme Court is examining whether the Manoj guidelines on....
Read MoreThe Bench of Justice AS Oka and Justice Ujjal Bhuyan Introduction The Supreme Court held that there is no absolute restriction on the High Court's power to interfere in a petition under Section 482 of the Criminal Procedure Code (CrPC) (Now Section 528 of The Bharatiya Nagarik Suraksha Sanhita, 2023), even if the investigation is at a preliminary stage. Facts of the Case The petitioners were accused of misappropriating funds from the Coimbatore Education Foundation for personal use. A....
Read MoreIntroduction: The Supreme Court. held that possession is not essential to validate a gift or settlement deed, and once accepted, it cannot be unilaterally revoked. The case involved a father’s registered settlement deed to his daughter, later revoked before selling the property to his son. Upholding the High Court's ruling, the Court confirmed the deed as a valid gift, making the revocation and sale invalid. Section 122 of the Transfer of Property Act, 1882 – Defines a gift and establishes....
Read MoreA Bench of Justices Surya Kant and N Kotiswar Singh Introduction The Lakhimpur Kheri case pertains to the killing of five people in October 2021, when vehicles from a convoy allegedly led by Ashish Mishra, son of former Union Minister Ajay Kumar Mishra, ran over protesting farmers. The case has been highly controversial, with allegations of political influence and intimidation of witnesses. The Supreme Court has been actively monitoring the case and has recently passed an order concerning allegations of witness....
Read MoreA Bench of Justice Abhay Oka and Justice Ujjal Bhuyan Introduction The Supreme Court in this case reaffirmed that a Magistrate cannot direct FIR registration under Section 156(3) of CrPC unless the complainant has first exhausted remedies under Sections 154(1) and 154(3). The Court emphasized that before seeking a Magistrate’s intervention, the complainant must first report the offense to the police and escalate it to the Superintendent of Police (SP) if necessary. The ruling follows the principles laid down in....
Read MoreThe Bench Comprising Justice Sudhanshu Dhulia and Justice Prasanna B. Varale Introduction: The Supreme Court held that protection under Section 53A of the Transfer of Property Act, 1882, is unavailable to a person who knowingly enters into an agreement despite being aware of pending litigation. The Court held that such a transferee cannot obstruct decree holders' rights. Section 53A, Transfer of Property Act, 1882 – Doctrine of part performance. Section 52, Transfer of Property Act, 1882 – Lis pendens principle.....
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