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The Bench Comprising Justice Vikram Nath and Justice Sandeep Mehta Introduction In a landmark judgment, the Supreme Court of India recently ruled that a wife, who received a flat as part of a settlement in a matrimonial dispute, is exempt from paying stamp duty under the Registration Act, 1908. This decision underscores the importance of legal provisions that facilitate equitable settlements in divorce proceedings. Registration Act, 1908 – Section 17(2)(vi): Exempts certain documents from compulsory registration, including those forming part of....
Read MoreIn this case, the appellant challenged the constitutional validity of Section 30 of the Code of Criminal Procedure, 1898 (Cr.P.C.). This section allowed the State Government to grant certain Magistrates, including District Magistrates or First-Class Magistrates, the power to try all offences except those punishable by death in states where Deputy or Assistant Commissioners existed. Additionally, Section 34 of Cr.P.C. permitted such Magistrates to conduct trials and impose sentences, except for death penalty or imprisonment exceeding seven years. The appellant....
Read MoreThe case revolves around Mr. Ram Bahadur Thapa, who, on May 20, 1958, in Rasgovindpur village (Balasore district), mistakenly attacked a group of women, believing them to be ghosts. Due to widespread local superstitions among the Adivasi communities, including the Majhis and Santhals, an abandoned airport in the village was thought to be haunted, making people afraid to go near it at night. On the night of the incident, Thapa, along with Chandra Majhi and Krishna Patro, went to the....
Read MoreOn February 28, 1997, the Indian Railways issued a circular stating that reserved category candidates who were promoted through roster points could not claim seniority over general category candidates who were promoted later. This circular was based on the Supreme Court’s ruling, which held that while reserved candidates could be promoted earlier through roster points, they would not automatically become senior to general candidates who were promoted later to the same level. The Supreme Court further clarified that once a....
Read MoreBench Comprising Justices Vikram Nath and Sandeep Mehta Introduction: The case deals with the legal question of whether a prolonged consensual sexual relationship, continuing for 16 years, can amount to rape on the ground of a false promise of marriage. The Supreme Court quashed the criminal proceedings against the accused, ruling that there was no evidence of force, deceit, or mala fide intent at the beginning of the relationship. Facts of the Case: The complainant alleged that the accused had sexually....
Read MoreOn February 10, 2005, the petitioner and respondent were married at Devgad Temple, Hivargav-Pavsa, following Hindu marriage rituals. After their marriage, they lived together, but while the respondent was pregnant, a woman named Shobha arrived at their home, claiming to be the petitioner’s wife. The petitioner allegedly told the respondent that she must either accept living with Shobha or leave. Choosing to stay due to her pregnancy, the respondent suffered physical and mental abuse. The petitioner questioned the paternity of....
Read MoreThe Bench Comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan Introduction: The Supreme Court of India recently discharged two employers accused under Section 304 Part II (culpable homicide not amounting to murder) of the IPC (Now Section 105 of BNS,2023) in connection with the electrocution deaths of two workers engaged in decoration work. The Court held that the essential ingredients of the offence were not met, as the appellants lacked the requisite knowledge or intent to cause death. Facts: Two....
Read MoreFacts of the case Durga Prasad built two-grain markets in Etawah at the request of the District Collector. These markets were named Hume Ganj and Ram Ganj. Durga invested a lot of money in setting up a shop and acquiring property in these markets. The respondent rented a shop there. Since Durga had made significant investments in the business, he also became a commission agent. Eventually, after discussions, the appellant and local shopkeepers agreed to pay Durga a commission of....
Read MoreThe Bench Comprising Justice Vikram Nath and Justice Sandeep Mehta Introduction The Supreme Court ruled that when an offence is punishable under both the POCSO Act and IPC(Now BNS,2023), the offender must be sentenced under the provision prescribing the higher punishment, as per Section 42 of the POCSO Act. The Court also held that the High Court erred in enhancing the sentence without a State appeal for enhancement. Facts The appellant was convicted for sexually assaulting his minor daughter under Sections....
Read MoreIn this case, a Public Interest Litigation (PIL) was filed in the Supreme Court raising concerns about noise pollution caused by loudspeakers, and firecrackers during religious events, including bhajans and other performances, in busy commercial areas. The petitioners argued that these loudspeakers, especially when used on weekly holidays, created a serious nuisance for residents living nearby. They claimed that the excessive noise disrupted daily life and made it difficult for people to enjoy peace and rest in their homes. Issues....
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