22-year-old POCSO accused alleges false FIR filed due to property dispute; Supreme Court grants bail
The undertrial prisoner, accused of kidnapping and raping a 16-year-old, has been behind the bars for almost two and a half years.
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Pre-mature release of Bilkis Bano gangrape convict: Supreme Court’s May 2022 order; the review petition and its dismissal, explained
The petition had sought review of order directing the Gujarat Government to consider the application for pre-mature release of one of the Bilkis Bano Gangrape convicts, under its policy dated 09.07.1992, which was existing at the time of his conviction.
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In absence of complainant’s direct evidence of bribe, presumption of Public Servant’s guilt can be drawn based on other evidence; holds SC Constitution Bench
The Constitution Bench of SA Nazeer, BR Gavai, AS Bopanna, V Ramasubramanian and BV Nagarathna, JJ has observed that the trial does not abate nor does it result in an order of acquittal of the accused public servant if the complainant turns ‘hostile’, or has died or is unavailable to let in his evidence.
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Justice Bela M Trivedi recuses from hearing Bilkis Bano’s plea
When on August 15, 2022, her rapists walked out of the prison after serving 15 years’ imprisonment based on Gujarat Government’s remission policy, Bilkis Bano found herself “bereft of words” and “numb”. The matter is now before the Supreme Court.
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Supreme Court grants anticipatory bail to a woman accused of Bigamy
The woman has alleged that she has been falsely implicated in a case of bigamy and cheating, on the basis of a clerical mistake committed by the Bank agent who mistakenly entered the name of her business partner as her husband and Nominee.
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Disability adds to discrimination faced by persons from society’s marginalised sections; Courts must award motor accident compensation liberally: SC
Supreme Court observed that the persons from marginalised sections of the society already face severe discrimination due to a lack of social capital, and a new disability more often than not compounds to such discrimination.
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All collegium discussions can’t be in public domain; only final decisions to be uploaded on SC website: SC
In the case at hand, a Right to Information application sought the copies of resolution and decision taken in the Supreme Court Collegium’s meeting dated 12.12.2018 regarding elevation of Chief Justices of Two High Courts. However, the application was rejected as no final decision was taken in the said meeting.
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Unfair to deny tribal women right to equal share in father’s property when same right is available to non-tribal women; SC suggests Centre to amend Hindu Succession Act
The observation came in a case where the Supreme Court had to deny, a woman belonging to Scheduled Tribe, the right of survivorship in her father’s property as Section 2(2) of the Hindu Succession Act specifically excludes the female members of the Scheduled Tribe.
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Refusal to maintain senior citizen not a ground for cancellation of Gift or Release deed in absence of specific condition for providing maintenance: SC
“When a senior citizen parts with his or her property by executing a gift or a release or otherwise in favour of his or her near and dear ones, a condition of looking after the senior citizen is not necessarily attached to it.”
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Section 319 CrPC power to be exercised before pronouncement of order of sentence or acquittal, as the case may be; SC enumerates 12 guidelines
On 10.05.2019, a division Bench had observed that the question with regard to the actual stage at which the trial is said to have concluded is required to be authoritatively considered since the power under Section 319 of CrPC is extraordinary in nature.
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Third party files PIL against Rajasthan HC’s order quashing FIR accusing Govt school teacher of molesting his student. SC agrees to hear matter but under Article 136
The petitioners have told the Court that though they are not directly affected by Rajasthan High Court’s order, they had approached the Court as the State, which is the Guardian of the interests of the persons living in the State, has chosen not to appeal and if the accused teacher will go unpunished in this case, not only him but other teachers may also commit similar offences with girls in future.
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Supreme Court November 2022| CJI Chandrachud’s to-do list; EWS Quota; Kathua and Chhawla gangrape-murder cases; Rajiv Gandhi assassination case; Never Reported Judgments; and more
This roundup revisits the analyses of Supreme Court’s judgments/orders on constitutionality of EWS Quota and dissent; Juvenility of Kathua gangrape-murder accused; acquittal of all Chhawla gangrape-murder accused; why Rajiv Gandhi assassination convicts were set free, and more. It also covers reports on Justice Chandrachud’s appointment as the 50th CJI and his to-do-list; CJI UU Lalit’s retirement; explainers on important law points; some Never Reported Judgments; and career trajectory and important decision of Justice BR Gavai.
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Section 11B Central Excise Act’s limitation period applicable to claims for rebate of duty under Rule 18 of the Central Excise Rules, 2002: SC
Supreme Court observed that if it is accepted that the period of limitation prescribed under Section 11B of the Act shall not be applicable with respect to claim for rebate of duty as there is no mention of Section 11B of the Act either in Rule 18 or in the notification dated 6.9.2004, then there will not be any period of limitation for making an application for rebate of duty.
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‘Bihar Govt, Pharmacy Council cannot be permitted to play with citizens’ life’; Patna HC to hear the Fake Pharmacists matter afresh: SC
Supreme Court observed that the Patna High Court ought to have called upon the Bihar State Pharmacy Council to file the status report on the allegations of fake pharmacist and/or on how many Governments’ hospitals/hospitals in the State are running without registered pharmacist.
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UP Housing and Development Board’s function does not include fixing its employees’ service conditions; SC modifies 2014’s Preetam Singh verdict
On 10.02.2020, a division bench had come to the conclusion that the view taken by this Court in Preetam Singh’s case needs reconsideration after it prima facie found that the functions of the Board contemplated under Section 15 of the 1965 Act were wide enough even to cover the act of fixing service conditions of its employees. Hence, the matter was referred to a larger bench.
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All State Regulatory Commissions must frame Regulations for determination of Electricity tariff within 3 months: Supreme Court
The Electricity Act, 2003 does not prescribe one dominant method to determine tariff as it seeks to distance the State Governments from the determination and regulation of tariff, placing such power completely within the ambit of the Appropriate Commissions.
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Explained| Is there an absolute bar on judicial review of State’s ‘arbitrary’ action in matters arising from non-statutory contracts?
Supreme Court: On the issue of the scope of judicial review of action by the State in a matter arising from a
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Is the reformation goal under JJ Act 2015 making juveniles more emboldened in committing heinous crimes? SC asks Centre to take steps before it’s too late
Supreme Court: In the Kathua Rape and murder case where one of the accused was found to be taking the statutory shelter
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‘First committed a ghastly crime then took shelter under the guise of being a minor’; ‘Juvenile’ in Kathua rape-murder case to be tried as an adult: SC
“A casual or cavalier approach while recording as to whether an accused is a juvenile or not cannot be permitted as the courts are enjoined upon to perform their duties with the object of protecting the confidence of a common man in the institution entrusted with the administration of justice.”
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