LEGAL ISSUE: Determining the paramount consideration in child custody disputes. CASE TYPE: Criminal Appeal (arising out of Special Leave Petition) relating to child custody. Case Name: Purvi Mukesh Gada vs. Mukesh Popatlal Gada & Anr. [Judgment Date]: September 4, 2017 Introduction The Supreme Court of India, in Purvi Mukesh Gada vs. Mukesh Popatlal Gada & […]
Can the criminal justice system be used to harass innocent family members in matrimonial disputes? The Supreme Court of India addressed this critical issue in Rajesh Sharma & Ors. vs. State of U.P. & Anr., acknowledging the misuse of Section 498A of the Indian Penal Code (IPC). This provision, intended to protect women from cruelty,
LEGAL ISSUE: Whether a conviction under Section 138 of the Negotiable Instruments Act, 1881 can be set aside if the parties have settled the dispute. CASE TYPE: Criminal Case Name: Smt. P. Chandrakala vs. K. Narender & Anr. Judgment Date: 24 July 2017 Date of the Judgment: 24 July 2017 Citation: 2017 INSC 661 Judges:
LEGAL ISSUE: Interpretation of the definition of “child” under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). CASE TYPE: Criminal Law, Child Protection Case Name: Ms. Eera Through Dr. Manjula Krippendorf vs. State (Govt. of NCT of Delhi) & Anr. Judgment Date: July 21, 2017 Introduction Citation: 2017 INSC 684. Can a
Supreme Court Clarifies Definition of ‘Child’ Under POCSO Act: Eera vs. State (2017) Read Post »
LEGAL ISSUE: Whether a woman can claim the right to reside in a shared household under the Protection of Women from Domestic Violence Act, 2005, if she has never lived in that household with the respondent. CASE TYPE: Domestic Violence Case Name: Manmohan Attavar vs. Neelam Manmohan Attavar Judgment Date: July 14, 2017 Introduction Can
LEGAL ISSUE: Whether the prosecution proved beyond reasonable doubt that the accused committed murder, or if the death was a suicide. CASE TYPE: Criminal Case Name: Satish Nirankari vs. State of Rajasthan Judgment Date: 09 June 2017 Date of the Judgment: 09 June 2017 Citation: 2017 INSC 545 Judges: A.K. Sikri, J., Ashok Bhushan, J.
LEGAL ISSUE: Criminal liability for sale of spurious liquor leading to death and grievous injury. CASE TYPE: Criminal Law Case Name: State of Haryana vs. Krishan & Anr. Judgment Date: June 09, 2017 Introduction Date of the Judgment: June 09, 2017 Citation: (2017) INSC 488 Judges: A.K. Sikri, J., Ashok Bhushan, J. (authored by A.K.
Date of the Judgment: March 31, 2017 Citation: (2017) INSC 287 Judges: A.K. Sikri, J., Ashok Bhushan, J. (authored the judgment) Can a criminal case, specifically one involving serious charges like rape, be quashed if it appears to be a retaliatory measure in a financial dispute? The Supreme Court of India recently addressed this question
LEGAL ISSUE: Whether property of a person who died during a criminal trial can be attached under the Criminal Law Amendment Ordinance, 1944. CASE TYPE: Criminal Law. Case Name: U. Subhadramma & Ors. vs State of A.P. rep. by Pub. Prosecutor & Anr. Judgment Date: 4th July, 2016 Introduction Date of the Judgment: 4th July,
Date of the Judgment: 2 July 2013 Citation: (2013) INSC 477 Judges: T.S. Thakur, J., Ranjana Prakash Desai, J. Can a trial court automatically add a murder charge (Section 302 of the Indian Penal Code) in every dowry death case (Section 304B of the Indian Penal Code)? The Supreme Court addressed this critical question in
Date of the Judgment: July 1, 2013 Citation: (2013) INSC 429 Judges: Justice P. Sathasivam and Justice M.Y. Eqbal Can a conviction be upheld when key evidence is missing and the chain of events is incomplete? The Supreme Court of India recently addressed this question in a case involving a murder on a cargo ship.
Date of the Judgment: October 3, 2008 Citation: Criminal Appeal No. 1578 of 2008 (Arising out of SLP (Crl.) No. 1339 of 2007) Judges: Dr. Arijit Pasayat, J., Dr. Mukundakam Sharma, J. The Supreme Court addressed the question of whether the High Court was correct in interfering with the trial court’s order to frame charges
