Apoorva, Author at SCC Times

‘Penetrative act by one is sufficient to convict all in the gang if there is common intention’; SC upholds conviction in 21-years-old gang rape case

“Common intention is implicit in the charge of gang rape itself and all that is needed is evidence to show the existence of common intention”

Case Briefs Supreme Court (Constitution/Larger Benches)

Breakdown of SC’s 4:1 Verdict on Court’s limited power to modify Arbitral Awards under Sections 34 and 37 of the Arbitration and Conciliation Act

The present controversy arose because the Arbitration and Conciliation Act, 1996, does not expressly empower courts to modify or vary an arbitral award, and Section 34 of the 1996 Act only confers upon courts the power to set aside an award.

Case Briefs Supreme Court

Supreme Court reverses Kerala HC order granting children’s custody to father, citing lack of home-cooked food and companionship

“We could even have considered giving an opportunity to the father to make suitable arrangements for providing home cooked food to the child but the fact that the child gets no company whatsoever except for that of the father during the interim custody period of 15 days is an additional factor which weighs heavily against his claim for the child’s custody.”

Case Briefs High Courts

Gold Ornaments given to bride constitute ‘stridhan’; Rigid legal proof not required in claims for its return: Kerala High Court

“The gold given to a bride at the time of marriage is often kept by the husband or his family under the guise of safekeeping of family customs. The woman rarely gets a written record or receipt for such transfers and the woman’s access to her own ornaments can be restricted”.

Case Briefs High Courts

Offence under POCSO Act not against individual but against society; Subsequent marriage between accused and victim does not erase the crime: Madras HC

“Offence under the POCSO Act is not against individual and it is against the Society. Hence, the subsequent marriage between the convict and the victim will not take away the offence committed by the convict when the victim girl was a child. If the defence of subsequent marriage or the elopement is accepted, then the purpose of enactment of the POCSO Act would get defeated.”

Leave encashment under Sikkim Leave Rules

Case Briefs Supreme Court

Supreme Court overturns Sikkim High Court ruling on leave encashment for re-employed retired government employees beyond 300 days under Sikkim Leave Rules

While leave encashment served to reward the extraordinary work ethic of an employee, its application needed to uphold both the legal rights of the employee and the long-term viability of the institution. Courts, therefore, had to interpret leave encashment provisions and related statutes in a manner that protected against undue financial burden on the employer while ensuring lawful entitlements were honored.

Hot Off The Press News

Courts have limited power to modify arbitral awards under Sections 34 and 37 of Arbitration and Conciliation Act: Supreme Court by 4:1 majority

Section 34 of the Arbitration and Conciliation Act, 1996 provides the legal framework for challenging an arbitral award before a court, while Section 37 governs appeals against specific orders passed under the Act, including those made under Section 34.

Case Briefs High Courts

Hathras gang rape & murder case| Allahabad High Court refuses to quash criminal proceedings against suspended SHO

“Facts emerged in investigation not only indicate lack of sensitivity but dereliction of duty on part of accused, and act and omissions of accused violate the provisions of law and rules.”

Case Briefs High Courts

Allahabad High Court finds ADJ incompetent in judgment writing; Directs three months’ training at Judicial Training and Research Institute

The Court directed the District Judge, Kanpur Nagar, to transfer the Revision to another equivalent and competent court, other than the court of Dr. Amit Verma, Additional District Judge, if he was still posted there.

Case Briefs Supreme Court

‘Illness is presumed to be service related if no disease is recorded by medical board at time of entry’; Supreme Court orders 50% disability pension for ex-serviceman

Supreme Court found that the Tribunal had merely relied on the remarks of the Invaliding Medical Board and the Re-Survey Medical Boards to conclude that, since the appellant’s disability was assessed at less than 20%, he was not entitled to the disability element of the disability pension.

Case Briefs Supreme Court

Supreme Court pulls up Government of Haryana for non-compliance in manual scavenging compensation case; Orders Chief Secretary’s Personal Presence

“It appears that the State of Haryana has not paid any attention to our order dated 3-1-2025 nor has looked into the representation filed by the petitioner”

Case Briefs Supreme Court

Supreme Court invokes Article 142 to dissolve marriage on grounds of irretrievable breakdown; Grants wife visitation rights with daughter

“In the interest of justice, equity, and the welfare of the child, we deem it appropriate to grant visitation rights to the wife so that she may gradually rebuild a bond with her daughter.”

Case Briefs High Courts

Madras HC directs State to grant temporary leave to undertrial prisoners to attend relative’s funeral without requiring interim bail from Court

“The right of a prisoner, whether convicted or under trial makes no difference to temporary leave of absence to attend burial/funeral of a close relative is rooted in the principle of humane treatment and the inherent dignity as a human being. This right does not differentiate between the two categories of prisoners.”

Case Briefs High Courts

Can serious POCSO offences be quashed on settlement between parties? Kerala High Court answers

“Each case will have to be addressed in the peculiar facts obtaining therein, and there cannot be an en bloc conclusion that the quashment is wholly impermissible in cases involving POCSO offences.”

Acquittal of man accused of burning family alive

Case Briefs Supreme Court

Supreme Court upholds acquittal of man accused of burning wife and three daughters alive in 17 year old case

“When an appeal against conviction is preferred before the High Court, at the earliest stage, the High Court must examine whether there is a proper statement of the accused recorded under Section 313 of CrPC (Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023).”

Case Briefs Supreme Court

Supreme Court invokes Article 142 to restore original sentence and order release after convict serves excess term in POCSO case

The original judgment of the Special Court convicted and imposed a sentence of rigorous imprisonment for seven years on the convict. However, the convict had already undergone eleven years of actual sentence.

Case Briefs High Courts

Madras HC clears attachment on late actor Sivaji Ganesan’s property amid arbitral award execution against grandson

If the intention of the legislature had been to require the recording of oral evidence for adjudicating every application filed under Order 21, Rule 58 CPC, such a requirement would have been explicitly stipulated within the provision itself.

Case Briefs Supreme Court

Decision rendered by Apex Court, at SLP stage or post grant of leave cannot be assailed directly or collaterally under Article 32: Supreme Court affirms

“Finality of a lis is a core facet of a sound judicial system. Litigation which had concluded or had reached finality cannot be reopened. If this is permitted, then there will be no finality and no end to litigation. There will be chaos in the administration of justice.”

Case Briefs High Courts

‘Prolonged pre-trial detention is anathema to Constitution, besides being in violation of human rights’; Madras HC grants bail to former DMK member Jaffer Sadiq in PMLA case

“Needless to say, that if the accused persons are found influencing any witness, it is always open to the prosecution to seek cancellation of bail and as on date, there is no complaint of any tampering or attempt to influence witnesses.”

Case Briefs Supreme Court

“Findings in NI Act proceedings bind parties in subsequent cases involving same issue”; Supreme Court affirms applicability of res judicata in criminal matters

The Court noted that the applicability of the principle of res judicata in criminal proceedings has been examined in several of its earlier decisions, which present divergent views.