Supreme court
2025 LiveLaw (SC) 676 | Ghanshyam Soni v. State (NCT of Delhi) & Anr
Click the links below for the report and the judgment :Supreme Court Quashes S.498A IPC Case Against Husband & In-Laws, Cautions Against Misuse Of LawFor Limitation Under S.468 CrPC, Date Of Filing Complaint Is Relevant & Not Date Of Taking Cognizance : Supreme...
For Limitation Under S.468 CrPC, Date Of Filing Complaint Is Relevant & Not Date Of Taking Cognizance : Supreme Court
In a recent judgment (Ghanshyam Soni v. State (NCT of Delhi) & Anr), the Supreme Court reiterated that the relevant date for computing the limitation period under Section 468 of the Code of Criminal Procedure, 1973 is the date of filing of the complaint or the institution of prosecution, not the date when the Magistrate takes cognizance."It is a settled position of law that for...
Developer Not Liable To Pay Homebuyer's Bank Loan Interest For Delay In Flat Delivery : Supreme Court
In a notable ruling shaping the rights of homebuyers and the liabilities of real estate developers, the Supreme Court has clarified that while developers must refund the principal amount with interest to aggrieved homebuyers in cases of delay or non-delivery, they cannot be held liable for paying interest on the personal loans taken by buyers to finance their homes.A bench of Justice Sanjay...
Supreme Court Quashes S.498A IPC Case Against Husband & In-Laws, Cautions Against Misuse Of Law
The Supreme Court recently quashed an FIR and chargesheet filed against a husband and his family members for the offence under Section 498A of the Indian Penal Code(domestic cruelty towards wife), emphasizing that generic allegations lacking specificity cannot sustain a criminal trial.A Bench comprising Justice B.V. Nagarathna and Justice Satish Chandra Sharma delivered the ruling in...
'Once Loan Settled, Difficult To Understand Why Gold Was Revalued & Auctioned' : Supreme Court Revives FIR Against Bank Manager
The Supreme Court recently revived criminal proceedings arising out of an FIR against an official of the Bank of India over alleged misappropriation of pledged gold.The Supreme Court set aside the judgment of the Patna High Court which quashed the FIR. According to the Supreme Court, it was premature on the part of the High Court to conclude at this stage that there was no ill-intention on...
2025 LiveLaw (SC) 672 | Nagarajan v State of Tamil Nadu
Click the links below for the reports and the judgment.High Court Cannot Exercise Suo Motu Revision Power To Enhance Sentence In Convict's Appeal : Supreme CourtRight To File Appeal Against Conviction Is Not Mere Statutory Right; Also A Constitutional Right Of Accused : Supreme...
Right To File Appeal Against Conviction Is Not Mere Statutory Right; Also A Constitutional Right Of Accused : Supreme Court
The Supreme Court observed in a recent judgment that the right of an accused to file appeal against conviction is not only a statutory right but also a constitutional right.A bench comprising Justice BV Nagarathna and Justice Satish Chandra Sharma observed :"That a right of appeal is an invaluable right, particularly for an accused who cannot be condemned eternally by a trial judge,...
Right Under Article 19(1)(g) To Carry On Business Under Also Includes Right To Shut Down Business : Supreme Court
The Supreme Court, in a judgment by the two-Judge Bench comprising Justice Sanjay Karol and Justice Prashant Kumar Mishra, clarified that the right under Article 19(1)(g) of the Constitution to carry on any trade or business includes the right to shut down that business. However, this right is not absolute and is subject to reasonable restrictions aimed at protecting workers and...