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In January 1843, Daniel M’Naghten shot Edward Drummond, mistakenly believing he was the Prime Minister. Drummond died five days later, and M’Naghten was charged with murder. He pleaded not guilty due to insanity. At trial, medical experts and witnesses testified that M’Naghten was suffering from severe delusions that made him lose control over his actions. The court heard that while he might have seemed sane otherwise, his delusions led to the fatal shooting. Issue before the Court Can a person....
Read MoreIntroduction The Supreme Court held that an unregistered agreement to sell is admissible in a suit for specific performance under the proviso to Section 49 of the Registration Act, 1908. The decision clarifies the evidentiary value of such documents when not used to establish title. Section 49, Registration Act, 1908 – Bars use of unregistered documents affecting immovable property but allows their use under the proviso for specific performance or collateral transactions. S. Kaladevi v. V.R. Somasundara, (2010) 5 SCC....
Read MoreJustice Bela M. Trivedi and Justice P.B. Varale Introduction: This suo motu writ petition was initiated by the Supreme Court in 2019 in response to the alarming increase in the number of child rape cases reported across the country. The Court aimed to assess the implementation of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and directed systemic reforms for the effective functioning of Special POCSO Courts, appointment of Special Public Prosecutors, and provision of training....
Read MoreBench Comprising Justices Sanjay Karol and Manmohan Introduction: The Supreme Court clarified the scope of Order XII Rule 6 of the Civil Procedure Code (CPC), stating that suits may be dismissed suo motu by the court based on the plaintiff's admissions that undermine their claim. This decision emphasized the wide discretionary power of courts under Order XII Rule 6 CPC, enabling them to pass judgments on their own motion at any stage of the trial. Order XII Rule 6 CPC: Allows....
Read MoreBench Comprising of Justices J.B. Pardiwala and R. Mahadevan Introduction This Supreme Court judgment pertains to the interpretation of Section 17 of the Limitation Act, 1963, in the context of a suit seeking cancellation of a sale deed allegedly executed by fraud. The Court clarified that to invoke Section 17, it is not sufficient to allege that the transaction was fraudulent; the plaintiff must prove that the fraud actually prevented her from knowing her right to sue. Section 17,....
Read MoreThe National Legal Services Authority (NALSA) filed a public interest litigation before the Supreme Court of India to represent the rights of the transgender community. NALSA highlighted that transgender persons, despite being a part of Indian society for centuries, have been continuously discriminated against and excluded from social and legal recognition. The petition emphasized that transgender people face severe marginalization in key areas such as education, jobs, healthcare, and housing. This lack of recognition and support has caused significant hardship....
Read MoreIn this case, the petitioner, Joginder Kumar, was called to the office of the Senior Superintendent of Police (SSP), Ghaziabad (Respondent No. 4) on January 7, 1994, for questioning in connection with a certain case. Joginder appeared at the SSP's office around 10:00 AM, accompanied by his four brothers. However, once he arrived, the SSP kept him in custody. When his brothers later asked about his whereabouts, they were told that Joginder would be released the same evening after the....
Read MoreA Bench of Justice Vikram Nath, Justice Sanjay Karol and Justice Sandeep Mehta Introduction The Supreme Court has reserved its judgment in a writ petition filed by death row convict Vasanta Sampat Dupare, seeking application of the 2022 Manoj judgment which laid down sentencing guidelines in death penalty cases. The petitioner urges the Court to consider mitigating factors under Article 32, even though the original sentence had attained finality. Facts Vasanta was convicted and sentenced to death for the rape and....
Read MoreIn the case of R v Foster, a witness saw a vehicle driving at high speed in the direction of the victim but did not actually see the moment of the accident. After the accident occurred, the victim who was visibly in shock spoke to the witness and described what had happened. Issue Before the Court The main legal issue in this case was whether the victim’s statement, made shortly after the accident while still in a state of shock,....
Read MoreThe Bench Comprising Justices JB Pardiwala and R Mahadevan Introduction The Supreme Court held that a plaint cannot be rejected under Order VII Rule 11(d) CPC as time-barred if the issue of limitation involves mixed questions of law and fact. The judgment reinforces the principle that such matters require trial and evidence before determination. Facts The Appellant filed a suit in 2014 seeking cancellation of a sale deed, claiming to have discovered fraud in 2011. The Respondent contended the cause of....
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