The VakilNetwork Blog
Expert commentary on Indian law, case analysis, and legal guides
Victim's Deposition Recorded In Earlier Trial Against Co-Accused Is Admissible Against Absconding Accused Under Section 299 CrPC : Supreme Court
The State of West Bengal challenged a Calcutta High Court order that had rejected the admissibility of a deceased victim's deposition recorded during an earlier trial against the co-accused, in the subsequent trial of an absconding accused. The Supreme Court held that when an accused deliberately absconds, the victim's prior testimony can be admitted under Section 299 CrPC if the conditions precedent are satisfied, regardless of whether a formal order was passed before the deposition.
Mere Abusive Or Vulgar Language Does Not Satisfy Ingredients Of Obscenity Under Section 294(b) IPC : Supreme Court
The appellant challenged his conviction under Sections 294(b), 326 and 506(ii) IPC for assault and using abusive language during a land dispute altercation. The Supreme Court held that mere abusive or vulgar language does not constitute obscenity under Section 294(b) IPC, set aside the convictions under Sections 294(b) and 506(ii) IPC, but maintained the conviction under Section 326 IPC for causing grievous hurt with a dangerous weapon.
High Court Cannot Interfere With Arbitral Tribunal Orders On Section 16 Applications Except For Patent Lack Of Inherent Jurisdiction : Supreme Court
The appellant partner challenged High Court orders staying arbitral notices to non-signatory companies. The Supreme Court held that the High Court was not justified in entertaining a revision petition under Article 227 against the Arbitral Tribunal's rejection of jurisdiction objections, as the proper remedy lies under Section 34 of the Arbitration Act after the final award.
Probate Application Limitation Period Commences From Date Of Necessity Not Death Of Testator : Supreme Court
An executor filed a probate application nine years after the testator's death, which lower courts rejected as time-barred under Article 137 of the Limitation Act. The Supreme Court allowed the appeal, holding that the right to apply for probate accrues when it becomes necessary to apply, not from the death of the testator, and that Order VII Rule 11 CPC does not permit adjudication on the merits of the Will in summary proceedings.
Prosecution Must Prove Case Beyond Reasonable Doubt When FIR Is Ante-Timed And Investigation Is Tainted : Supreme Court
The appellants were convicted for murder by trial court and high court. Supreme Court acquitted them holding prosecution failed to prove case beyond reasonable doubt due to serious irregularities including ante-timed FIR, unexplained delay in post-mortem, and failure to preserve dead body overnight.
High Court Must Provide Sufficient Reasons When Reversing Trial Court Judgment : Supreme Court
Lakshmi, daughter of deceased Thankam, filed a partition suit after discovering a registered Will she had no knowledge of. The Trial Court held the Will could not be proved under Section 63 of the Indian Succession Act and granted her a share. The High Court reversed this without adequate reasoning and passed adverse remarks against the Trial Judge. The Supreme Court restored the appeal for fresh hearing.
Foreigners Tribunal Must Independently Examine Evidence Before Declaring Person Foreigner Even When Proceedee Absent : Supreme Court
Multiple individuals declared foreigners by Foreigners Tribunals in Assam challenged the ex parte proceedings before the Supreme Court, arguing they were denied meaningful opportunity to contest the reference. The Court held that even in ex parte proceedings, Tribunals must independently examine service of notice, main grounds, State evidence, and provide a reasoned opinion, remanding all matters for fresh adjudication.
Custom Of Ghardamad Acquiring Father-In-Law's Property Valid Only When Adopted By Last Male Owner : Supreme Court
The plaintiff Sukhu Oraon claimed ownership of ancestral land belonging to his grandfather's branch in the Oraon tribal community, which was disputed by defendants claiming through a ghardamad (adopted son-in-law) arrangement. The Supreme Court allowed the appeal, decreeing the plaintiff's suit and held that the ghardamad custom only applies when the adoption is by the last male owner himself, not by an uncle-in-law.
Assessment Committee Has Discretion To Determine Promotion Criteria Without Averaging PMS And Work Report Marks : Supreme Court
A scientist employed with CSIR challenged the denial of promotion claiming the Assessment Committee should have averaged his Annual Performance Reports marks with his Work Report marks. The Supreme Court held that the Assessment Committee has discretion to determine suitability for promotion based on Work Report without mandatorily averaging marks.
Statutory Amalgamation Of Banking Company Attracts Section 14(1)(b) Of Delhi Rent Control Act Irrespective Of Voluntary or Involuntary Nature : Supreme Court
British Motor Car Company filed an eviction petition against Hindustan Commercial Bank and Punjab National Bank claiming unauthorized transfer of tenancy rights following a statutory amalgamation. The Supreme Court held that once tenancy rights and possession pass to another entity without the landlord's written consent, Section 14(1)(b) of the DRC Act is automatically attracted irrespective of whether the transfer was voluntary or involuntary.
Knowledge Under POCSO Act Includes Credible Information From Child Victim Directly : Supreme Court
The mother of an 8-year-old girl filed a complaint alleging her daughter was sexually assaulted by a juvenile student at their school. Police charged school authorities including the Headmistress for failing to report under POCSO Act. The Supreme Court held that the phrase knowledge in Section 19(1) POCSO Act includes awareness based on credible information received directly from the child victim, setting aside the discharge of Linda Sema only.
Caution List Cannot Include Advocate For Mere Professional Negligence As It Exceeds Jurisdiction Of Banks Under RBI Guidelines : Supreme Court
An advocate challenged the inclusion of his name in the Indian Banks Association Caution List after being removed from a bank's panel for alleged negligence in a legal opinion. The Supreme Court held the writ petition maintainable and declared that Caution Lists are meant only for fraud and criminal misconduct, not professional negligence, which falls under the exclusive jurisdiction of Bar Councils under the Advocates Act.