Supreme court
'Fraud Unravels Everything': Supreme Court Recalls Its Own Order Obtained By Fraud Back In 2022
In a significant ruling, the Supreme Court today (July 23) held that any judgment or order obtained by fraud is a nullity and can be challenged even in collateral proceedings, without necessarily being assailed in appeal, revision, or writ proceedings.A bench comprising Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan applied this principle to set aside its own 2022 judgment delivered in Reddy Veerana v. State of U.P., (2022) , observing that the decision had been fraudulently obtained and...
BREAKING| No Arrest In 498A FIRs For 2 Months; Refer Cases To Family Welfare Committees : Supreme Court Endorses Allahabad HC Guidelines
The Supreme Court today (July 22) endorsed the safeguards laid down by the Allahabad High Court regarding the establishment of the Family Welfare Committee (“FWC”) to prevent the misuse of Section 498A IPC(cruelty offence) in matrimonial disputes.The Court directed that the guidelines framed by the High Court will remain in effect and should be implemented by the authorities.A...
Supreme Court Orders IPS Wife & Her Parents To Issue Public Apology To Husband & In-Laws For False Criminal Cases
The Supreme Court today (July 22) ordered an IPS officer and her parents to issue an unconditional public apology to her ex-husband, and his family for the "physical and mental trauma" caused by multiple criminal cases filed against them during their matrimonial dispute. The Court noted that the husband was jailed for 109 days and his father for 103 days as a result of the criminal cases...
Registered Will Carries Presumption Of Genuineness; Burden Of Proof On Party Disputing Its Validity : Supreme Court
The Supreme Court on Monday (July 21) reiterated that a registered 'Will' carries a presumption of due execution and genuineness, and the burden of proof lies heavily on the party challenging the Will. Holding so, the bench comprising Justice Vikram Nath and Justice Sandeep Mehta set aside the Andhra Pradesh High Court's decision judgment that had reduced the Appellant/Lasum Bai's share in...
'Savior Turned Devil': Supreme Court Cancels Bail Of Woman In-Charge Of Bihar Shelter Home Accused Of Trafficking Inmates
The Supreme Court today cancelled the bail granted to woman in-charge of a Bihar shelter home, accused of trafficking the shelter home residents and facilitating immoral activities."we are of the firm opinion that the present case is an exceptional one, wherein the grant of bail by the High Court to respondent No.2-accused by a cryptic order dated 18th January, 2024 has resulted into travesty...
Supreme Court Orders Rs 50 Lakh Compensation To J&K Police Officer Who Suffered Custodial Torture, Directs CBI Probe
Reinforcing constitutional safeguards against custodial violence, the Supreme Court today (July 21) ordered a Central Bureau of Investigation (CBI) probe into the alleged custodial torture of a police constable at the Joint Interrogation Centre (“JIC”) in Kupwara, Jammu and Kashmir. The Court directed immediate arrest of the police officers of the J&K police who were responsible for...
Clause Saying Arbitration "May Be Sought" Doesn't Constitute A Binding Arbitration Agreement : Supreme Court
The Supreme Court recently held that a clause in an agreement that arbitration "may be sought" to resolve disputes between the parties will not constitute a binding arbitration agreement.Approving the refusal of the High Court to refer the parties to arbitartion, the Supreme Court observed that the phraseology of the clause did not indicate that the parties were bound to go...
SEBI Act | Interest On Unpaid Penalty Applicable Retrospectively, Liability Accrues From Adjudication Order : Supreme Court
In a case involving SEBI's imposition of interest on unpaid penalties, the Supreme Court recently held that interest on unpaid penalty amounts can be applied retrospectively and the defaulter's liability to pay interest shall accrue from the date of expiry of the period specified in the assessment order.No separate demand notice, after the liability is crystallized in the assessment order,...
Order XLI Rule 4 CPC No Shield Against Abatement In Joint Appeals Without Substitution Of Deceased Party's LRs : Supreme Court
The Supreme Court on Friday (July 18) clarified that a remedy under Order XLI Rule 4 CPC (which allows one party to appeal on behalf of others if the decree is based on common grounds) does not apply when all defendants jointly appeal and one dies without substitution. The bench comprising Justices PS Narasimha and Manoj Misra heard the case where the Appellants/defendants challenged the MP...
NDPS Act | S.32B Doesn't Restrict Trial Court's Power To Impose Sentence Higher Than Statutory Minimum: Supreme Court
The Supreme Court, on 17 July, clarified that Section 32B(factors to be taken into account for imposing higher than the minimum punishment) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS Act") does not restrict the trial court's power in awarding a sentence higher than the minimum of ten years. To state briefly, the Appellant was convicted along with another accused by...