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A 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 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.....
Read MoreThe Bench Comprising Justice Vikram Nath and Justice Sanjay Karol Introduction The Supreme Court of India reinstated the conviction, where a minor was raped in 1986. It criticized the Rajasthan High Court for acquitting the accused solely due to the victim’s silence during cross-examination. The Court ruled that a traumatized child’s silence cannot favor the accused when medical and circumstantial evidence supports conviction, sentencing him to 7 years under Section 376 IPC. Section 376 IPC(Now Section 64 Of BNS) – Punishment....
Read MoreIntroduction: The Supreme Court ruled that a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) cannot continue against an ex-director of a company if the cause of action arose after a moratorium was imposed under Section 14 of the Insolvency and Bankruptcy Code, 2016 (IBC). The Court emphasized that once a moratorium is declared, the management of the corporate debtor is taken over by the Insolvency Resolution Professional (IRP), and the ex-directors are no....
Read MoreBench Comprising Justices Vikram Nath and Sandeep Mehta Introduction: The case deals with the legal question of whether a prolonged consensual sexual relationship, continuing for 16 years, can amount to rape on the ground of a false promise of marriage. The Supreme Court quashed the criminal proceedings against the accused, ruling that there was no evidence of force, deceit, or mala fide intent at the beginning of the relationship. Facts of the Case: The complainant alleged that the accused had sexually....
Read MoreOn February 10, 2005, the petitioner and respondent were married at Devgad Temple, Hivargav-Pavsa, following Hindu marriage rituals. After their marriage, they lived together, but while the respondent was pregnant, a woman named Shobha arrived at their home, claiming to be the petitioner’s wife. The petitioner allegedly told the respondent that she must either accept living with Shobha or leave. Choosing to stay due to her pregnancy, the respondent suffered physical and mental abuse. The petitioner questioned the paternity of....
Read MoreThe Bench Comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan Introduction: The Supreme Court of India recently discharged two employers accused under Section 304 Part II (culpable homicide not amounting to murder) of the IPC (Now Section 105 of BNS,2023) in connection with the electrocution deaths of two workers engaged in decoration work. The Court held that the essential ingredients of the offence were not met, as the appellants lacked the requisite knowledge or intent to cause death. Facts: Two....
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