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Introduction In a landmark ruling, the Supreme Court held that a complainant in a Section 138 NI Act case is a “victim” under Section 2(wa) CrPC and thus entitled to file an appeal against acquittal under the proviso to Section 372 CrPC. The judgment overturns the Madras High Court's refusal to grant leave under Section 378(4) CrPC. Enquire Now Facts of the Case The complainant, M/s Celestium Financial, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881....
Read MoreIn this case, the People’s Union for Civil Liberties (PUCL) filed a writ petition under Article 32 of the Indian Constitution, challenging the constitutional validity of Rules 41(2), 41(3), and 49-O of the Conduct of Election Rules, 1961. PUCL argued that these rules violate the principle of free and fair elections because they don’t protect the secrecy of a voter’s decision, especially when a person chooses not to vote. They claimed this right is part of a voter’s freedom of....
Read MoreIntroduction Judge: Hon’ble ASJ Sameer Ansar This case concerns an appeal under the Protection of Women from Domestic Violence Act, 2005, where the Sessions Court in Mumbai enhanced the compensation awarded to a woman survivor of 20 years of domestic violence. The Magistrate had earlier awarded ₹5 lakhs as compensation and ₹1 lakh as monthly maintenance. The wife sought enhancement, citing the immense wealth of her husband’s family and the extent of domestic abuse suffered. The Sessions Court enhanced the....
Read MoreThis case emerged from the horrific communal violence that broke out during the 2002 Gujarat riots leading to the death of 59 people. In the aftermath, widespread riots swept across Gujarat, resulting in large-scale loss of life and property. Zahira Habibullah Sheikh, who survived the attack, was a key eyewitness and initially identified the accused individuals during the investigation. However, during the trial in a local court in Gujarat, Zahira and several other witnesses unexpectedly turned hostile and retracted their....
Read MoreThe case of Rupa Ashok Hurra vs. Ashok Hurra is a landmark judgment that introduced the concept of the curative petition in Indian constitutional law. This legal innovation emerged from a unique situation where the Supreme Court initially delivered its judgment in a civil appeal. When the petitioner challenged the decision through a review petition, it was dismissed. The petitioner then filed a writ petition under Article 32 of the Constitution, questioning the legitimacy of the final judgment. A three-judge....
Read MoreSupreme Court Judgment in Ghanshyam Soni v. State (Govt. of NCT of Delhi) & Anr. [2025 (SC) 676 / 2025 INSC 803] A Bench comprising of Justice B.V. Nagarathna and Justice Satish Chandra Sharma Introduction In this significant ruling, the Supreme Court of India reiterated the importance of safeguarding the rights of genuine victims of cruelty while simultaneously cautioning against the misuse of Section 498A IPC. The Court quashed the FIR and chargesheet filed against the husband and his family members,....
Read MoreIntroduction In this landmark judgment, the Supreme Court emphasized that the right to appeal against conviction is not merely a statutory right, but also a constitutional right of the accused. The Court further clarified the limits of the appellate court’s powers, holding that a High Court cannot enhance the sentence in a criminal appeal filed by the accused, especially not by invoking suo motu revision, unless the State or complainant has sought enhancement. Facts of the Case The appellant, Nagarajan,....
Read MoreBench of Justice Abhay S. Oka and Justice Ujjal Bhuyan Introduction The Supreme Court dealt with the scope and preconditions for invoking Section 156(3) of the Code of Criminal Procedure, 1973 (CrPC). The case revolvd around whether the complainant had complied with the mandatory procedural requirements laid down in Sections 154(1) and 154(3) of the CrPC before approaching the Magistrate under Section 156(3), and whether the High Court had erred in dismissing the quashing petition of the appellants. Facts of....
Read MoreBench Comprising Justice Vikram Nath and Justice Sandeep Mehta Introduction In this landmark decision, the Supreme Court reiterated the principle that a divorced wife, who remains unmarried, is entitled to maintenance reflective of the standard of living she enjoyed during her marriage. The Court enhanced the permanent alimony awarded by the Calcutta High Court from ₹20,000 to ₹50,000 per month, subject to periodic increases, taking into account the financial status of the husband, inflation, and the wife's lack of....
Read MoreThe case is about a man who allegedly set his mother on fire because he believed she would give all her earnings to his three sisters and exclude him. According to the prosecution, the incident happened around 10 a.m. while the mother was sitting on a chair, but no one witnessed it. It wasn't until around 4:30 p.m. that the deceased woman’s granddaughter came to the house and found out what had happened. The police received an anonymous tip around....
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