Tagged: Supreme Court of India

A collection of all the Judgements of Supreme Court of India.

Applicability of Limitation Law during the period of COVID-19 pandemic and Mode of Effective Service

The Hon’ble Supreme Court while dealing with the issue of limitation in lieu of the COVID -19 pandemic, suo moto took cognizance of the difficulties to be faced by the litigants across the country in filing their petitions/applications/suits/ appeals/all other proceedings within the period of limitation and therefore through its order dated 23.03.2020 extended the period of limitation in all...

Written statement cannot be filed after the lapse of 120 days from the service of the summons under Commercial Courts Act, 2015, in any case, right to file written statement is forfeited after 120 days

Hon’ble Supreme Court in the case of M/s SCG Contracts India Pvt. Ltd. vs K. S. Chamankar Infrastructure Pvt. Ltd. dealt with the question that whether written statement can be filed beyond the period of 120 days from the date of service of summons or not in the cases filed under Commercial Courts Act, 2015. At the outset it is...

Adultery no longer Criminal Offence in India – Section – 497 of Indian Penal Code declared Unconstitutional

In a landmark judgement of Joseph Shine vs Union of India on 27 September, 2018 Hon’ble Apex Court declared Section 497 of Indian Penal Code as unconstitutional. Section 497 is struck down as unconstitutional being violative of Articles 14, 15 and 21 of the Constitution. Along with Section497, Section 198(2) of the Cr.P.C. which contains the procedure for prosecution under...

SUPREME COURT OF INDIA – WHETHER THE COURT HAS POWER TO CLOSE THE PROCEEDINGS OF A CHEQUE BOUNCE CASE WITHOUT THE CONSENT OF THE COMPLAINANT?

Yes the Court has the power to close the proceedings of a cheque bounce case without the consent of the Complainant. The question for consideration before the Supreme Court of India in M/s Meters and Instruments Private Limited & Anr. versus Kanchan Mehta was that if the accused is willing to deposit the cheque amount can the proceedings be closed...

SUPREME COURT OF INDIA – SIX MONTH COOLING PERIOD IN A DIVORCE BY MUTUAL CONSENT CAN BE WAIVED BY THE FAMILY COURT

In the matter of Amardeep Singh vs. Harveen Kaur the question which arose for consideration before the Hon’ble Supreme Court of India in this appeal was whether the minimum period of six months stipulated under Section 13B(2) of the Hindu Marriage Act, 1955 for filing of second motion for passing of Decree of divorce on the basis of mutual consent...

Directions on Cruelty – Dowry Demand and Misuse Of Section 498-A of Indian Penal Code

Main contention raised in this appeal is that there is need to check the tendency to rope in all family members to settle a matrimonial dispute. Omnibus allegations against all relatives of the husband cannot be taken at face value when in normal course it may only be the husband or at best his parents who may be accused of...

SUPREME COURT OF INDIA – THE COMPENSATION IS STILL RECOVERABLE IN A CHEQUE BOUNCE CASE BY THE COMPLAINANT EVEN THOUGH THE ACCUSED HAS SERVED THE DEFAULT SENTENCE

The question that arose before the Hon’ble Supreme Court of India was that what happens to the money receivable by the Complainant in the form of Compensation when the Accused undergoes jail term, in default of the compensation, under such circumstances is the Compensation still recoverable by the Complainant? The Hon’ble Supreme Court observes that that the gravity of offences...

SUPREME COURT OF INDIA – REGISTRATION OF FIR IS MANDATORY IF THE INFORMATION GIVEN TO THE POLICE DISCLOSES THE COMMISSION OF A COGNIZABLE OFFENCE

Date of Judgement: 06.01.2017 : What is necessary is only that the information given to the police must disclose the commission of a cognizable offence, in such a situation, registration of an FIR is mandatory. However, if no cognizable offence is made out in the information given, then the FIR need not be registered immediately and perhaps the police can conduct...

SUPREME COURT OF INDIA – THE STATEMENTS AND ACTS WHICH CONSTITUTES AN ACT OF CRUELTY FOR SUSTAINING THE CLAIM FOR DIVORCE

Supreme Court of India Date of Judgement: 06.10.2016 FACTS OF THE CASE:- The reason for filing the divorce petition was that the wife had become cruel because of her highly suspicious nature and she used to level absolutely frivolous but serious allegations against Husband regarding his character and more particularly about his extra-marital relationship. Behaviour of the wife made life...