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A Bench Comprising Justice Abhay S Oka and Justice Ujjal Bhuyan Introduction The Supreme Court has ruled that a preliminary inquiry must be conducted before registering an FIR in cases involving speech, writing, or artistic expression if the alleged offence carries a punishment between three to seven years. This decision aims to prevent frivolous and unjustified FIRs that could infringe upon the fundamental right to freedom of speech and expression under Article 19(1)(a) of the Indian Constitution. The Court referred to Section 173(3)....
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 MoreA Bench of Justices Vikram Nath and Sandeep Mehta Introduction: The case revolves around allegations of corruption and criminal breach of trust against former Gujarat IAS officer Pradeep Sharma. The Supreme Court recently rejected his bail plea in connection with a 2023 illegal land allotment case. The case was lodged in Bhuj, Kutch, and involves charges under various sections of the Indian Penal Code (IPC) and the Prevention of Corruption Act. Facts of the Case: Pradeep Sharma, a retired IAS officer....
Read MoreThe Bench Comprising Justice Vikram Nath and Justice Sandeep Mehta Introduction In a landmark judgment, the Supreme Court of India recently ruled that a wife, who received a flat as part of a settlement in a matrimonial dispute, is exempt from paying stamp duty under the Registration Act, 1908. This decision underscores the importance of legal provisions that facilitate equitable settlements in divorce proceedings. Registration Act, 1908 – Section 17(2)(vi): Exempts certain documents from compulsory registration, including those forming part of....
Read MoreIn this case, the appellant challenged the constitutional validity of Section 30 of the Code of Criminal Procedure, 1898 (Cr.P.C.). This section allowed the State Government to grant certain Magistrates, including District Magistrates or First-Class Magistrates, the power to try all offences except those punishable by death in states where Deputy or Assistant Commissioners existed. Additionally, Section 34 of Cr.P.C. permitted such Magistrates to conduct trials and impose sentences, except for death penalty or imprisonment exceeding seven years. The appellant....
Read MoreThe case revolves around Mr. Ram Bahadur Thapa, who, on May 20, 1958, in Rasgovindpur village (Balasore district), mistakenly attacked a group of women, believing them to be ghosts. Due to widespread local superstitions among the Adivasi communities, including the Majhis and Santhals, an abandoned airport in the village was thought to be haunted, making people afraid to go near it at night. On the night of the incident, Thapa, along with Chandra Majhi and Krishna Patro, went to the....
Read MoreOn February 28, 1997, the Indian Railways issued a circular stating that reserved category candidates who were promoted through roster points could not claim seniority over general category candidates who were promoted later. This circular was based on the Supreme Court’s ruling, which held that while reserved candidates could be promoted earlier through roster points, they would not automatically become senior to general candidates who were promoted later to the same level. The Supreme Court further clarified that once a....
Read MoreFacts of the case Durga Prasad built two-grain markets in Etawah at the request of the District Collector. These markets were named Hume Ganj and Ram Ganj. Durga invested a lot of money in setting up a shop and acquiring property in these markets. The respondent rented a shop there. Since Durga had made significant investments in the business, he also became a commission agent. Eventually, after discussions, the appellant and local shopkeepers agreed to pay Durga a commission of....
Read MoreThe Bench Comprising Justice Vikram Nath and Justice Sandeep Mehta Introduction The Supreme Court ruled that when an offence is punishable under both the POCSO Act and IPC(Now BNS,2023), the offender must be sentenced under the provision prescribing the higher punishment, as per Section 42 of the POCSO Act. The Court also held that the High Court erred in enhancing the sentence without a State appeal for enhancement. Facts The appellant was convicted for sexually assaulting his minor daughter under Sections....
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