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The 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 MoreA Bench of Justice Abhay Oka and Justice Ujjal Bhuyan Introduction The Supreme Court in this case reaffirmed that a Magistrate cannot direct FIR registration under Section 156(3) of CrPC unless the complainant has first exhausted remedies under Sections 154(1) and 154(3). The Court emphasized that before seeking a Magistrate’s intervention, the complainant must first report the offense to the police and escalate it to the Superintendent of Police (SP) if necessary. The ruling follows the principles laid down in....
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 respondents (petitioners) approached the Allahabad High Court seeking a writ of mandamus to compel the appellants (authorities) to grant them a license to trade in birds bred in captivity. The High Court ruled in favor of the respondents, allowing the license. Dissatisfied with this decision, the appellants challenged it before the Supreme Court. Issues Before the Court Whether the respondents were entitled to a license renewal for trading in birds listed under Schedule IV of the Wild Life (Protection) Act, 1972. Whether the amendment to Section 9 of the....
Read MoreBackground and Facts The petitioner was elected as a member of the Bihar Legislative Council (BLC) as a candidate of the Indian National Congress. Subsequently, when the Lok Sabha elections were announced, the petitioner contested as an independent candidate from a different constituency. Salman Rageev, another member of the BLC, filed a petition with the Chairman of the Legislative Council, alleging that the petitioner, by contesting the parliamentary election as an independent candidate, had voluntarily given up his membership of....
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 MoreA Bench of Justices Vikram Nath and Sandeep Mehta Introduction: The case revolves around allegations of corruption and criminal breach of trust against former Gujarat IAS officer Pradeep Sharma. The Supreme Court recently rejected his bail plea in connection with a 2023 illegal land allotment case. The case was lodged in Bhuj, Kutch, and involves charges under various sections of the Indian Penal Code (IPC) and the Prevention of Corruption Act. Facts of the Case: Pradeep Sharma, a retired IAS officer....
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