The Supreme Court, in its judgment delivered today in Achin Gupta vs State Of Haryana 2024 INSC 369, while quashing an FIR registered under Section 498A IPC reiterated its ‘read between the lines’ principle of quashing criminal proceedings. Last year, in Mahmood Ali & Ors. v. State of U.P, it was observed thus: When an …
‘Read Between The Lines’ Principle Of Quashing Criminal Cases U/S 482 CrPC Read More »
The Supreme Court, in Dolly Rani vs Manish Kumar Chanchal 2024 INSC 355, held that for a valid marriage under the Hindu Marriage Act, the requisite ceremonies have to be performed and there must be proof of performance of the said ceremony when an issue/controversy arises. The Court observed that though the parties may have …
Much Ado About Ceremony: Supreme Court Judgment In Dolly Rani vs Manish Kumar Chanchal Read More »
In its judgment delivered allowing the curative petition filed by Delhi Metro Rail Corporation, the Supreme Court cautioned itself that its curative jurisdiction should not be adopted as a matter of ordinary course. “The curative jurisdiction should not be used to open the floodgates and create a fourth or fifth stage of court intervention in …
Section 143A – Not Retrospective – Directory Section 143A to be prospective in operation and that the provisions of said Section 143A can be applied or invoked only in cases where the offence under Section 138 of the Act was committed after the introduction of said Section 143A in the statute book. [G. J. Raja vs Tejraj …
Sections 143A and 148 NI Act – Retrospective Or Not? Mandatory Or Directory? Read More »
Section 438 of the Code of Criminal Procedure, 1973 deals with the power of High Courts and Sessions Court to issue direction for grant of bail to person apprehending arrest. It reads as follows: (1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable …
Maintainability Of A ‘Second’ Anticipatory Bail Application Read More »
Article 141 of the Constitution of India states that the law declared by the Supreme Court shall be binding on all courts within the territory of India. Does it bind the Supreme Court itself ? In Bengal Immunity Company Limited vs State of Bihar [1955] 2 SCR 603, the Supreme Court held that it is …
Moral Of Bilkis Bano Case: Supreme Court Should Respect Its Own Precedents Read More »
Last week, three bills introduced in the Parliament created a storm among the legal communities in social media. These bills viz. Bharathiya Nyaya Sanhita Bill, Bharatiya Nagarik Suraksha Sanhita Bill and Bharatiya Sakshya Bill, are nothing but an intended replacement of “Codes” and “Act” which are foundational to criminal law : Indian Penal Code, 1860 (IPC), Code of …
Section 69 BNS : Good Intention Law But Prone To Gross Misuse Read More »
There is no denying the fact that most of us tend to get anxious at the sight of the police. That uneasy feeling is owing to our experience with them at one time or another in the past. We relish the usage of words such as fundamental rights, liberty, etc in our constitution but in …
Public Prosecutor’s Power Over Police Investigation [Column] Read More »
Recently, the High Court of Kerala struck down Section 10A of Indian Divorce Act (applicable only to Christians) observing that the fixation of the minimum period of separation of one year as stipulated is violative of the fundamental right. This raises an interesting question of constitutional law : Does this judgment has effect in Kerala …
Supreme Court Should Clarify Its Obiter Dictum In Kusum Ingots Read More »