Supreme Court of India Judgements

46420 Judgements hosted as on 27/04/2024 - Search (FREE), Subscribe, Read & Download

Category: Matrimonial

Matrimonial

Muslim Women (Protection of Rights on Divorce) Act, 1986 – Section 3 – Muslim divorce – Maintenance – Whether the family court has jurisdiction to try application filed by Muslim divorced woman for maintenance under Section 3 of Muslim Women (Protection of Rights on Divorce) Act, 1986 – Matter be placed before Hon’ble the Chief Justice of India for referring the matter to the Larger Bench.

Jun 28, 2020 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH RANA NAHID @ RESHMA @ SANA AND ANOTHERS — Appellant Vs. SAHIDUL HAQ CHISTI — Respondent ( Before : R. Banumathi and Indira…

Matrimonial

Matrimonial Dispute – Petitioner has stated in her application that she is left homeless – Court are not entering into the merits of the rival contentions between the parties which will be heard at a future date – By way of an ad-hoc arrangement, This Court direct the respondent to pay a lump sum amount of Rs 4 lakhs to the petitioner on or before 31 March 2020.

Mar 30, 2020 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NEELAM MANMOHAN ATTAVAR — Appellant Vs. MANMOHAN ATTAVAR (D) THR LRS. — Respondent ( Before : D.Y. Chandrachud and Surya Kant, JJ. ) I.A.…

Matrimonial

Hindu Marriage Act, 1955 – Sections 9, 13 and 13(1)(ia) – Civil Procedure Code, 1908 (CPC) – Section 100 – Dissolution of marriage – Restitution of Conjugal rights – Unsubstantiated allegation of dowry demand or such other allegation has been made – Husband and his family members are exposed to criminal litigation and ultimately it is found that such allegation is unwarranted and without basis and if that act of the wife itself forms the basis for the husband to allege that mental cruelty

Mar 3, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH MANGAYAKARASI — Appellant Vs. M. YUVARAJ — Respondent ( Before : R. Banumathi, S. Abdul Nazeer and A.S. Bopanna, JJ. ) Civil Appeal Nos.…

Matrimonial

Guardian and Wards Act, 1890 – Sections 7, 8, 10 and 11 – Rights of child – It is indisputed that the rights of the child need to be respected as he/she is entitled to the love of both the parents – Even if there is a breakdown of marriage, it does not signify the end of parental responsibility – It is the child who suffers the most in a matrimonial dispute

Feb 18, 2020 sclaw

Parental Responsibility Does Not End With Breakdown Of Marriage: SC [Read Judgment] LIVELAW NEWS NETWORK 18 Feb 2020 5:14 PM “The Courts should decide the issue of custody on a…

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Service

A. Education Law – The case involves a service rule amendment by the State of Madhya Pradesh, impacting job aspirants – The amendment was later recalled, but not before affecting an ongoing recruitment process – The main issue was the application of the amended rule to the recruitment process, leading to legal challenges and the question of whether meritorious reservation category candidates should be treated as unreserved at the preliminary examination stage – The petitioners challenged the validity of the amended rule and its application to the recruitment process, arguing it caused injustice to candidates who had already cleared the main examination – The State and MPPSC defended the amended rule’s application and the subsequent recruitment process, including the normalization method used for merging examination results – The Court dismissed the civil appeal, finding no merit in the challenge against the High Court’s judgment, which had directed a special main examination for newly eligible candidates – The Court agreed with the High Court’s reasoning that holding a special main examination was justified and that the normalization process was consistent with legal requirements – The Court referred to precedents affirming that meritorious reservation category candidates are entitled to be selected in the open category without counting against the reserved quota – The Supreme Court concluded that the normalization process was transparent and fair, and upheld the High Court’s judgment directing the completion of the recruitment process as per the unamended rules. B. Madhya Pradesh State Service Examination Rules, 2015 – Rule 4 of 2015 Rules was amended by the State of Madhya Pradesh – The Supreme Court of India dismissed a civil appeal challenging the Madhya Pradesh Public Service Commission’s (MPPSC) decision to normalize the marks of candidates who appeared in two different main examinations – The court found that the process of normalization and the consequent merger of marks secured by the candidates in the two main examinations was transparent and above board – The court also noted that the earlier amendment to the rules, which harmed the interests of reservation category candidates, was restored, enabling the drawing up of the result of the preliminary examination by segregating deserving meritorious reservation category candidates with meritorious unreserved category candidates – The court concluded that the impugned judgment did not brook interference on any ground, be it on facts or in law.

May 5, 2024 sclaw
Acquittal

“Murder Conviction Overturned! Supreme Court Acquits Appellant Due to Inconsistent Eyewitness Accounts and Insufficient Evidence” Penal Code, 1860 (IPC) – Section 302 – Murder – Property Dispute – The High Court affirmed the conviction, which led to this appeal – The appeal challenges the reliability of eyewitnesses and the recovery of the murder weapon, questioning the appellant’s conviction – The appellant claims false implication, questioning the credibility of eyewitnesses and the voluntariness of the extra-judicial confession – The State argues that the conviction is based on correct evidence assessment and that the appellant’s guilt has been established beyond reasonable doubt – The Supreme Court allowed the appeal, acquitted the appellant of all charges, and directed his release, if not required in another case – The Court found inconsistencies in eyewitness accounts and doubted their presence at the crime scene, leading to the acquittal – The Court scrutinized the eyewitness testimonies, the extra-judicial confession, and the recovery of the weapon, finding them insufficient for conviction – The Supreme Court concluded that the prosecution failed to prove the case beyond reasonable doubt, resulting in the appellant’s acquittal.

May 5, 2024 sclaw
Acquittal

“Conviction Quashed After 18 Years: Supreme Court Acquits Man Due to Flawed Identification and Doubtful Evidence” Explosive Substances Act, 1908 – Sections 3(a) and 4(a)(i) – Arms Act, 1958 – Section 27(1) – Penal Code, 1860 (IPC) – Sections 302, 307,143, 147, 148, 324, 326, 427 and 449 read with Section 149 – The case involves who appealed against his conviction under various sections of the IPC and other acts – The incident occurred on March 6, 2006, involving an unlawful assembly, murder, and grievous injuries with deadly weapons – The appeal challenges the High Court’s partial allowance of Appellant’s appeal, which set aside some convictions while confirming others, and modified the sentences – The petitioner argued that identification in court without a Test Identification Parade, after four and a half years, is unreliable. They also contested the motive attributed to the appellant and the credibility of the recovered iron rod with alleged blood stains – The respondent emphasized the credibility of the injured eyewitness (PW-2) and the concurrent findings of the trial court and High Court, which found the appellant guilty beyond reasonable doubt – The Supreme Court allowed the appeal, quashed the previous judgments, and acquitted the appellant of all charges, directing his immediate release if not required in another case – The Court found the identification of the appellant in court, without prior identification parades, to be insufficient for maintaining the conviction, especially given the time elapsed since the incident – The Court questioned the preservation of blood stains on the recovered iron rod over two years and two monsoons, casting doubt on the prosecution’s evidence – The Supreme Court concluded that the prosecution failed to prove the case beyond reasonable doubt, resulting in the appellant’s acquittal.

May 5, 2024 sclaw
Narcotics

“Divided Verdict in Narcotics Case: One Conviction Upheld, Another Overturned Due to Procedural Lapses” Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 42, 50 and 67 – The appeals arise from a common judgment by the Gujarat High Court, dismissing appeals against a trial court’s conviction of the appellants under the NDPS Act for possession of narcotics – The main issues revolve around the compliance with mandatory procedures of the NDPS Act during the search and seizure, and the admissibility of confessional statements under Section 67 of the NDPS Act – The appellants contend non-compliance with Sections 42 and 50 of the NDPS Act, questioning the seizure procedure and the reliability of witnesses – The NCB argues that the procedures were followed correctly, the witnesses are reliable, and there was no motive to falsely implicate the appellants – The Court dismissed Anwarkhan’s appeal, upholding his conviction, while allowing Appellant’s appeal, acquitting him due to insufficient evidence and doubts about the seizure procedure – The Court found the evidence against Anwarkhan convincing but had reservations about the evidence against Appellant, particularly the identification and the admissibility of his confessional statement – The Court applied the principles from the case of Tofan Singh v. State of Tamil Nadu, which ruled that confessional statements under Section 67 of the NDPS Act are not admissible as evidence – Anwarkhan’s conviction stands, while Appellant is acquitted and his bail bonds discharged. The Court directed Anwarkhan to surrender to serve the remaining sentence.

May 5, 2024 sclaw