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The Youth Bar Association of India filed a writ petition in the Supreme Court asking for a direction that all First Information Reports (FIRs) should be uploaded on the police or government websites within 24 hours of being registered. The main aim was to promote transparency and to make it easier for accused persons and others involved to access the FIR, so they can take proper legal steps if needed. You can also read the Judgement of Mohori Bibee V. Dharmodas....
Read MoreIntroduction This case deals with the quashing of a rape FIR where the complainant alleged that the accused had sexual intercourse with her on the false promise of marriage and later retracted due to her caste. The Supreme Court quashed the FIR citing the manipulative and vindictive nature of the complainant, as reflected in her chats and behavior. The Court held that continuing the criminal proceedings would be an abuse of the process of law. Section 375 IPC (Now Sec....
Read MoreBhagat Ram was appointed as an Assistant Manager in the Industrial Finance Corporation of India (IFC) in 1963. In 1967, he was removed from his job without being given a chance to be heard. Sunil Kumar Mukherjee joined the Life Insurance Corporation of India (LIC) in 1964 and was terminated after four years, but only after an internal departmental inquiry. Sukhdev Singh started working with the Oil and Natural Gas Commission (ONGC) in 1967 as a Field Manager. In 1971,....
Read MoreBench of Justices B.V. Nagarathna and S.C. Sharma Introduction The Supreme Court, in this case, quashed FIR filed under Sections 376, 376(2)(n), 377, 504, and 506 of the IPC against a young man accused of rape on the basis of a false promise to marry. The Court held that a consensual sexual relationship with a married woman, even if based on a promise of marriage, cannot give rise to a prosecutable offence under Section 376 IPC, especially when such promise....
Read MoreA Bench of Justice BV Nagarathna and Satish Chandra Sharma Introduction This case concerns the interpretation of Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), especially after the 2019 amendment, which prescribes a minimum punishment of 20 years for aggravated penetrative sexual assault. The petitioner, convicted for such an offence against a 6-year-old child, approached the Supreme Court under a Special Leave Petition (SLP) seeking reduction of sentence on the grounds of “extraordinary circumstances.” Protection....
Read MoreThis case stands as a landmark decision in Indian property law, primarily because it laid down the foundational interpretation of the Doctrine of Lis Pendens, as incorporated in Section 52 of the Transfer of Property Act, 1882 (TOPA). Justice Turner, in his influential judgment, articulated the principle that during the pendency of a legal dispute concerning immovable property, any attempt to transfer such property could adversely affect the administration of justice and the ultimate rights of the parties involved. In....
Read MoreThe case revolves around the interpretation of Section 123(3) and (3A) of the Representation of the People Act, 1951 (RPA), which prohibit certain types of electoral appeals. The appellant, Ziyauddin Bukhari, a candidate in a legislative assembly election, was accused of appealing to voters on religious grounds during his campaign, which was challenged as a corrupt electoral practice under the Act. The challenge came from Brijmohan Ramdass Mehra, another candidate, who alleged that Bukhari had made speeches invoking religious sentiments....
Read MoreBench of Justices J.B. Pardiwala and R. Mahadevan Introduction The Supreme Court reiterated the settled principle of law that a plaint under Order VII Rule 11 CPC cannot be rejected in its entirety merely because one of the reliefs sought is barred by law, especially when other reliefs based on distinct causes of action are maintainable. The judgment emphasizes the necessity of evaluating the entire plaint holistically and not dismissing it solely on the basis of one defective claim,....
Read MoreThe case arose from a criminal proceeding involving the accused, P. Gopalkrishnan (Appellant), who was charged under various sections of the IPC and IT Act, including charges of rape and conspiracy. The prosecution's key evidence was a video clip stored on a memory card, allegedly recording the incident of sexual assault. This footage was copied onto a pen drive by the Forensic Science Laboratory (FSL) and submitted with the charge sheet. The appellant sought a cloned copy of the memory....
Read MoreBench of Justice Manoj Misra and Justice K.V. Viswanathan Introduction This case pertains to the scope of vicarious liability of directors under Section 141 of the Negotiable Instruments Act, 1881, in cheque dishonour proceedings under Section 138 NI Act. The primary issue was whether a complaint must specifically state the administrative role of a director to proceed under Section 141(1) NI Act. Section 138, NI Act – Dishonour of cheque for insufficiency of funds. Section 141(1), NI Act –....
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