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Prevention of Corruption Act, 1988, Section 13(1)(d) — Disproportionate Assets — Chargesheet splitting — Allegations of acquiring disproportionate assets and tribal lands misuse — Two separate chargesheets filed from the same FIR, R.C — Case No 04(A)/2010-AHD-R(B) and R.C — Case No 04(A)/2010-AHD-R(C) — Overlapping allegations in both cases — Plea of double jeopardy raised — Supreme Court noted overlapping allegations and previous conviction with suspended sentence, inclined to grant bail in the present case as well. Kerala Agricultural Income Tax Act, 1991 — Section 12 — Set-off of losses — Accumulated losses of amalgamating company cannot be set-off against income of amalgamated company as it had not suffered the losses itself. Hindu Marriage Act, 1955 — Section 13B — Divorce by Mutual Consent — Settlement agreement reached in mediation — Wife withdrew consent before Second Motion for divorce — Held, while ordinarily consent can be withdrawn, when a settlement agreement has been entered into for full and final settlement of disputes, it is not open for a party to resile from its terms without demonstrating fraud, force, or undue influence — Wife failed to prove her allegations of fraud or compulsion by Husband, and her claims about substantial jewelry not mentioned in the settlement were unsubstantiated and raised suspicion due to delayed assertion — Held, wife’s withdrawal of consent was not justified. Arbitration and Conciliation Act, 1996 — Section 36 — Enforcement of Consent Award — Construction of compromise deed and consent award — Promoters undertook to defend proceedings and ensure no liability recovered from Appellants by any forum — Deposit of an amount by Appellants to prevent execution of award against their properties constituted a liability that triggered Promoters’ obligation under the consent award — High Court erred in deferring enforceability of consent award until final confirmation by the highest court of appeal — Appeal allowed, impugned judgment set aside. Criminal Procedure Code, 1973 (CrPC) — Section 482 — Quashing of criminal proceedings by High Court — High Court quashed FIR and proceedings at a nascent stage when Magistrate had merely directed investigation under Section 156(3) CrPC — Sale deeds relied upon by accused were examined by High Court, treating them as determinative of the dispute, and criminal proceedings were quashed on the ground that the dispute was predominantly civil in nature and sale deeds were not cancelled under Section 31 of the Specific Relief Act, 1963 — Such exercise by High Court was beyond the permissible scope of scrutiny in a petition under Section 482 CrPC, as it involved delving into defence material and adjudicating disputed questions of fact, which is the domain of investigation and trial — This approach stifled the investigative process and ran contrary to well-settled principles — High Court fell into error.
Corruption

Prevention of Corruption Act, 1988, Section 13(1)(d) — Disproportionate Assets — Chargesheet splitting — Allegations of acquiring disproportionate assets and tribal lands misuse — Two separate chargesheets filed from the same FIR, R.C — Case No 04(A)/2010-AHD-R(B) and R.C — Case No 04(A)/2010-AHD-R(C) — Overlapping allegations in both cases — Plea of double jeopardy raised — Supreme Court noted overlapping allegations and previous conviction with suspended sentence, inclined to grant bail in the present case as well.

Apr 15, 2026 sclaw
Prevention of Corruption Act, 1988, Section 13(1)(d) — Disproportionate Assets — Chargesheet splitting — Allegations of acquiring disproportionate assets and tribal lands misuse — Two separate chargesheets filed from the same FIR, R.C — Case No 04(A)/2010-AHD-R(B) and R.C — Case No 04(A)/2010-AHD-R(C) — Overlapping allegations in both cases — Plea of double jeopardy raised — Supreme Court noted overlapping allegations and previous conviction with suspended sentence, inclined to grant bail in the present case as well.
Corruption
Prevention of Corruption Act, 1988, Section 13(1)(d) — Disproportionate Assets — Chargesheet splitting — Allegations of acquiring disproportionate assets and tribal lands misuse — Two separate chargesheets filed from the same FIR, R.C — Case No 04(A)/2010-AHD-R(B) and R.C — Case No 04(A)/2010-AHD-R(C) — Overlapping allegations in both cases — Plea of double jeopardy raised — Supreme Court noted overlapping allegations and previous conviction with suspended sentence, inclined to grant bail in the present case as well.
Kerala Agricultural Income Tax Act, 1991 — Section 12 — Set-off of losses — Accumulated losses of amalgamating company cannot be set-off against income of amalgamated company as it had not suffered the losses itself.
State Laws
Kerala Agricultural Income Tax Act, 1991 — Section 12 — Set-off of losses — Accumulated losses of amalgamating company cannot be set-off against income of amalgamated company as it had not suffered the losses itself.
Hindu Marriage Act, 1955 — Section 13B — Divorce by Mutual Consent — Settlement agreement reached in mediation — Wife withdrew consent before Second Motion for divorce — Held, while ordinarily consent can be withdrawn, when a settlement agreement has been entered into for full and final settlement of disputes, it is not open for a party to resile from its terms without demonstrating fraud, force, or undue influence — Wife failed to prove her allegations of fraud or compulsion by Husband, and her claims about substantial jewelry not mentioned in the settlement were unsubstantiated and raised suspicion due to delayed assertion — Held, wife’s withdrawal of consent was not justified.
Matrimonial
Hindu Marriage Act, 1955 — Section 13B — Divorce by Mutual Consent — Settlement agreement reached in mediation — Wife withdrew consent before Second Motion for divorce — Held, while ordinarily consent can be withdrawn, when a settlement agreement has been entered into for full and final settlement of disputes, it is not open for a party to resile from its terms without demonstrating fraud, force, or undue influence — Wife failed to prove her allegations of fraud or compulsion by Husband, and her claims about substantial jewelry not mentioned in the settlement were unsubstantiated and raised suspicion due to delayed assertion — Held, wife’s withdrawal of consent was not justified.
Arbitration and Conciliation Act, 1996 — Section 36 — Enforcement of Consent Award — Construction of compromise deed and consent award — Promoters undertook to defend proceedings and ensure no liability recovered from Appellants by any forum — Deposit of an amount by Appellants to prevent execution of award against their properties constituted a liability that triggered Promoters’ obligation under the consent award — High Court erred in deferring enforceability of consent award until final confirmation by the highest court of appeal — Appeal allowed, impugned judgment set aside.
Arbitration
Arbitration and Conciliation Act, 1996 — Section 36 — Enforcement of Consent Award — Construction of compromise deed and consent award — Promoters undertook to defend proceedings and ensure no liability recovered from Appellants by any forum — Deposit of an amount by Appellants to prevent execution of award against their properties constituted a liability that triggered Promoters’ obligation under the consent award — High Court erred in deferring enforceability of consent award until final confirmation by the highest court of appeal — Appeal allowed, impugned judgment set aside.
Murder

Indian Penal Code, 1860, S.302-Murder-Intention to kill-Multiple Injuries—Assault with iron rod on head of deceased—Three injuries were caused by appellant on head of deceased—Keeping in view the weapons used, the place of injuries and the force with which the deceased was assaulted by the accused shows clear intention on the part of said accused to commit murder—Act of accused would not fall within any of the exceptions u/s 3OO IPC-Conviction u/s 302 IPC upheld

Apr 6, 2019 sclaw

2019(1) Law Herald (SC) 676 : 2019 LawHerald.Org 618 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Mohan M. Shantanagoudar Hon’ble Mr. Justice N.V. Ramana Criminal Appeal Nos.…

I P C

Murder—Common Intention—Acquittal—Mere fact that accused appellants caught hold of deceased facilitating the other accused   r persons to come with a sharp edged weapon and gave blows, it cannot be said that the accused appellants shared common intention with the other accused persons.

Apr 6, 2019 sclaw

  2019(1) Law Herald (SC) 723 : 2019 LawHerald.Org 705 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Ajay Rastogi Criminal Appeal No(s).…

Acquittal

Indian Penal Code, 1908, S.376–Rape–Delay in lodging FIR– Acquittal-Delay of 7 months in lodging FIR-In present case evidence adduced by prosecutrix falls short of test of reliability and acceptability and as such it is highly unreliable to act upon It-­ Critical examination of evidence on record is warranted in such cases- -Accused acquitted.

Apr 6, 2019 sclaw

2019(1) Law Herald (SC) 710 : 2019 LawHerald.Org 703 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Chief Justice Ranjan Gogol Hon’ble Mr. Justice Sanjay Kishan Kaul Hon’ble Mr.…

Service Matters
Service

Service Law-Continuity in Service–Seniority–After Termination of service, a fresh appointment was given—Continuity in service cannot be granted when neither termination nor the fresh appointment was challenged-Seniority of workman shall be counted with effect from the date of his fresh appointment.

Apr 5, 2019 sclaw

2019(1) Law Herald (SC) 736 : 2018 LawHerald.Org 2143 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Dr. Dhananjaya Y. Chandrachud Hon’ble Mr. Justice M.R. Shah Civil Appeal…

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Corruption

Prevention of Corruption Act, 1988, Section 13(1)(d) — Disproportionate Assets — Chargesheet splitting — Allegations of acquiring disproportionate assets and tribal lands misuse — Two separate chargesheets filed from the same FIR, R.C — Case No 04(A)/2010-AHD-R(B) and R.C — Case No 04(A)/2010-AHD-R(C) — Overlapping allegations in both cases — Plea of double jeopardy raised — Supreme Court noted overlapping allegations and previous conviction with suspended sentence, inclined to grant bail in the present case as well.

Apr 15, 2026 sclaw
State Laws

Kerala Agricultural Income Tax Act, 1991 — Section 12 — Set-off of losses — Accumulated losses of amalgamating company cannot be set-off against income of amalgamated company as it had not suffered the losses itself.

Apr 15, 2026 sclaw
Matrimonial

Hindu Marriage Act, 1955 — Section 13B — Divorce by Mutual Consent — Settlement agreement reached in mediation — Wife withdrew consent before Second Motion for divorce — Held, while ordinarily consent can be withdrawn, when a settlement agreement has been entered into for full and final settlement of disputes, it is not open for a party to resile from its terms without demonstrating fraud, force, or undue influence — Wife failed to prove her allegations of fraud or compulsion by Husband, and her claims about substantial jewelry not mentioned in the settlement were unsubstantiated and raised suspicion due to delayed assertion — Held, wife’s withdrawal of consent was not justified.

Apr 15, 2026 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Section 36 — Enforcement of Consent Award — Construction of compromise deed and consent award — Promoters undertook to defend proceedings and ensure no liability recovered from Appellants by any forum — Deposit of an amount by Appellants to prevent execution of award against their properties constituted a liability that triggered Promoters’ obligation under the consent award — High Court erred in deferring enforceability of consent award until final confirmation by the highest court of appeal — Appeal allowed, impugned judgment set aside.

Apr 15, 2026 sclaw