Hindu Marriage Act, 1955 – Section 13(1)(ia) – Divorce based on irretrievable breakdown of marriage – Ground of Irretrievable Breakdown – The court recognized irretrievable breakdown of marriage as a valid ground for divorce, even though it is not explicitly mentioned in the Hindu Marriage Act, 1955 – This expands the scope of grounds for divorce and provides a more compassionate approach to ending a marriage that has irreparably broken down.
SUPREME COURT OF INDIA DIVISION BENCH JATINDER KUMAR SAPRA — Appellant Vs. ANUPAMA SAPRA — Respondent ( Before : Vikram Nath and Satish Chandra Sharma, JJ. ) Civil Appeal No(S).of…
Penal Code, 1860 (IPC) – Sections 302 – Murder of Wife – The court held that the prosecution successfully established the guilt of the appellant beyond a reasonable doubt – The court pointed out that the incident occurred inside the appellant’s house, and the deceased was found in a pool of blood- The court also noted that the appellant failed to disclose the involvement of any unknown intruders to the police – The court rejected the defence’s argument that the incident was a result of a sudden fight, stating that the appellant took undue advantage and acted in a cruel manner.- The court applied Section 106 of the Indian Evidence Act, which places the burden of proof on the person who claims to have special knowledge of the facts.The case was based on circumstantial evidence, and the court found the appellant guilty of murder – False Explanation – The appellant’s false explanation regarding the incident was considered an additional incriminating circumstance.
2024 INSC 368 SUPREME COURT OF INDIA FULL BENCH ANEES — Appellant Vs. THE STATE GOVT. OF NCT — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, CJI, J.B. Pardiwala…
Penal Code, 1860 (IPC) – Sections 323, 406, 498A and 506 – Cruelty – Quashing of Chargesheet based on an FIR lodged by the appellant’s wife – The main issue is whether the criminal proceedings against the appellant should be quashed based on the allegations of dowry harassment and cruelty – The appellant argues that the FIR is vague, general, and lacks specific instances of criminal conduct – It is claimed to be a counterblast to a divorce petition and a domestic violence case, with an unexplained delay in filing the FIR indicating malice – The respondent contends that the allegations in the FIR disclose a cognizable offence and the truthfulness of these allegations should be determined by the trial court – The Supreme Court quashed the criminal proceedings, finding them to be an abuse of process and a travesty of justice – The Court reasoned that the allegations were made with an oblique motive and that continuing the proceedings would be unjust – The Court applied the principles from previous cases, emphasizing the need to scrutinize allegations in matrimonial disputes carefully and to prevent misuse of legal provisions – The Court concluded that the inherent power under Section 482 of the Cr.P.C. should have been exercised by the High Court to quash the proceedings and called for a relook at the relevant legal provisions to address the pragmatic realities of matrimonial disputes.
2024 INSC 369 SUPREME COURT OF INDIA DIVISION BENCH ACHIN GUPTA — Appellant Vs. STATE OF HARYANA AND ANOTHER — Respondent ( Before : J.B. Pardiwala and Manoj Misra, JJ.…
Custody of the minor child – The case involves a custody dispute over a minor child ‘G’ after his mother went missing and was later found deceased – The child’s father and maternal grandmother are contesting custody – Whether the writ of habeas corpus is maintainable in child custody matters? – The High Court erred in entertaining the habeas corpus petition under Article 226 of the Constitution of India – The writ of habeas corpus is maintainable in child custody matters only if the detention of the child is illegal and without any authority of law – In child custody matters, the ordinary remedy lies under the Hindu Minority and Guardianship Act or the Guardians and Wards Act – The High Court should have directed the parties to approach the civil court for a detailed enquiry – The welfare of the child is paramount, and the child’s custody should be decided in accordance with law.
2024 INSC 370 SUPREME COURT OF INDIA DIVISION BENCH NIRMALA — Appellant Vs. KULWANT SINGH AND OTHERS — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Criminal…
Penal Code, 1860 (IPC) – Sections 120-B read with Section 420 – Cheating – The case involves fraudulent transactions by accused in connivance with Indian Bank officials resulting in interest-free advances to the petitioners – The main issue is whether the petitioners were involved in cheating the bank and if they availed any undue benefit from the fraudulent transactions – The petitioners argued that they were not involved in the cheating, had not availed any undue benefit, and that the transactions were normal business dealings – The court dismissed the Special Leave Petitions, upholding the Trial Court’s conviction of the petitioners for cheating the bank through unauthorized transactions.
2024 INSC 373 SUPREME COURT OF INDIA DIVISION BENCH T.R. VIJAYARAMAN AND OTHERS — Appellant Vs. THE STATE OF TAMIL NADU AND OTHERS — Respondent ( Before : C.T. Ravikumar…
Limitation Act, 1963 – Section 5 – Condonation of Delay – Delay of 1663 days – The State of U.P. filed a SLP against an order dated 13.11.2009 by the Allahabad High Court, with a delay of 1,633 days – The main issue was the condonation of the significant delay in filing the SLP – The State argued that the delay was due to the time taken for obtaining legal opinion and permissions, and later, the realization that the appeal was not filed initially – The application for condonation of delay was dismissed, and consequently, the SLP was also dismissed – The court found the explanation for the delay unsatisfactory, especially since the State was aware of the High Court’s order when it was passed – The court did not find sufficient cause to condone the delay, leading to the dismissal of the SLP.
2024 INSC 375 SUPREME COURT OF INDIA DIVISION BENCH STATE OF U.P. AND ANOTHER — Appellant Vs. MOHAN LAL — Respondent ( Before : C.T. Ravikumar and Rajesh Bindal, JJ.…
Partition Suit – The dispute involves partition of properties left by Late ‘R’ with the main contention over roof rights of a property in Kota and another in Jaipur – The primary issue is the valuation of roof rights for further construction and the equal distribution of property among co-sharers – The appellants argue that the valuation report failed to assess the value of roof rights, which would affect the overall property valuation and entitlement of co-sharers – The respondents maintain that the property valuation and shares were appropriately determined by the approved Valuer and upheld by both the Trial Court and High Court – The Supreme Court dismissed the appeal, finding no merit in revaluating the property or altering the determined shares of the parties – The Court emphasized the importance of family ties over property disputes and suggested alternative dispute resolution methods for amicable settlements – The Court referenced the case of Afcons Infrastructure Limited vs. Cherian Varkey Construction Company Private Limited, advocating for ADR in family-related property disputes – The Supreme Court concluded that revisiting the valuation and partition would only prolong litigation and upheld the decisions of the lower courts.
2024 INSC 372 SUPREME COURT OF INDIA DIVISION BENCH MAHENDRA NATH SORAL AND ANOTHER — Appellant Vs. RAVINDRA NATH SORAL AND OTHERS — Respondent ( Before : Rajesh Bindal and…
West Bengal Municipal(Building) Rules, 2007 – Rule 50 – Open spaces for building in areas other than municipalities in hill areas – The appellants challenge the High Court of Calcutta’s order regarding a contempt petition related to their residential property construction and its compliance with Rule 50 of Rules, 2007 – The appellants argue that the writ petition was a private matter and should not have been entertained by the High Court – They also claim that municipal authorities are unfairly pressuring them due to the contempt proceedings – The respondent claims that the appellants violated the sanctioned building plan, justifying the High Court’s direction for an enquiry – The Supreme Court allowed the appellants to challenge the enquiry report and show cause notice, ensuring their objections would be considered objectively without prejudice from the contempt or writ proceedings – The court expressed reservations about the High Court’s exercise of writ jurisdiction in a private dispute and suggested the civil court as the appropriate forum for grievances – The appeal was disposed of with the appellants given the liberty to challenge the enquiry report and show cause notice, without cost order.
2024I NSC3 79 SUPREME COURT OF INDIA DIVISION BENCH DR. RANBEER BOSE AND ANOTHER — Appellant Vs. ANITA DAS AND ANOTHER — Respondent ( Before : B.R. Gavai and Sandeep…
Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 – Sections 70(2) and 95(1) – Madhya Pradesh Panchayat Samvida Shala Shikshak(Employment and Conditions of Contract) Rules, 2005 – Rule 7A – Appointment – Denial of – Appellant was denied appointment as Samvida Shala Shikshak Grade-III despite passing the selection exam and the High Court’s ruling in her favor – The main issue was the State Government’s refusal to appoint the appellant based on amended rules, which were applied retrospectively – The appellant argued that the denial of appointment was illegal and arbitrary, and that she fulfilled all qualifications for the post – The State contended that the appellant was not eligible for appointment due to the retrospective application of Rule 7-A – The Supreme Court directed the appellant’s appointment to an equivalent post, without back wages but with compensation for the arbitrary denial of her rightful claim – The Court found the State’s actions to be mala fide and arbitrary, as they denied the appellant’s legitimate claim despite multiple court orders – Referencing the case of Manoj Kumar v. Union of India, the Court emphasized the duty to provide restitution for arbitrary actions – The Court allowed the appeals, ordered the appellant’s appointment, and granted compensation, highlighting the need for restitutive relief.
2024 INSC 378 SUPREME COURT OF INDIA DIVISION BENCH SMITA SHRIVASTAVA — Appellant Vs. THE STATE OF MADHYA PRADESH AND OTHERS ETC. — Respondent ( Before : B.R. Gavai and…