The Supreme Court held that delivery of property is not necessary to charge a person under Section 387 of the Indian Penal Code, 1860 for “putting a person in fear of death or of grievous hurt, in order to commit extortion.” The Court clarified that Section 387 criminalises a step prior to the actual extortion where property […]
Threat of life or injury for extortion does not need transfer of property Read More »
The Supreme Court held that preventive detention is not the appropriate remedy for a detaining authority if an accused violates their bail conditions. The appellant, who was the wife of the detenu, had filed an appeal against a Kerala High Court judgement which had upheld the detention of her husband under the Kerala Anti-Social Activities (Prevention)
Preventive detention not an alternative for seeking cancellation of bail Read More »
The Supreme Court held that a loanee cannot take advantage of their own breach to nullify a transaction. Only the aggrieved party could seek to set aside such a sale. Machhindranath secured a loan from a co-operative society by putting his ancestral land as security. During the course of the loan, he signed a formal
Defaulting Borrower Cannot Invalidate Sale by Citing Own Breach Read More »
The Supreme Court held that developers must refund the principal amount paid against a sale of property with interest for delays in delivering homes, but are not liable to pay interest on personal loans taken by buyers to finance their properties. Anupam Garg had secured a flat allotment under the Greater Mohali Area Development Authority’s
Developers Not Liable to Pay Interest on Personal Loans Taken by Buyers Read More »
The Supreme Court held that an accused person does not have an indefeasible right to seek a narco-analysis test to lead the evidence. The decision brings clarity to the law following several conflicting High Court judgements on the issue. The Patna High Court had allowed narco-analysis tests for all the accused persons in a dowry
Accused Persons do not have an Absolute Right to a Narco-analysis Test Read More »
The Supreme Court held that a conviction in a rape case does not expressly hinge on the statement of the minor victim or child witness. It can be secured based on other available evidence. The Rajasthan High Court had acquitted a person, reasoning that the child witness had submitted no statements upon examination. No other
Child Witness’ Silence Not Detrimental to Prosecution’s Case Read More »
The Supreme Court held that Courts can direct media organisations to take down online content about an ongoing case only when it poses a real and substantial risk to the fairness of the court proceedings. ANI Media had filed a suit against the Wikimedia Foundation in the Delhi High Court, seeking the removal of allegedly
Orders to Remove Online Content must be Necessary and Proportional Read More »
The Supreme Court held that physical recovery of contraband is not necessary to determine conspiracy and facilitation of a crime in a narcotics smuggling operation. Harpreet Singh Talwar was accused of facilitating the import of a consignment containing heroin and carrying out a transnational smuggling operation linked to Afghan-based syndicates, with proceeds alleged to have
Direct Evidence not Necessary to Determine Conspiracy in Terror cases -NDPS, UAPA Read More »
The Supreme Court held that volume-based discounts by a market player do not automatically amount to discriminatory pricing under Competition Law. There must be demonstrable evidence of harm to competition. In 2010, Kapoor Glass, a manufacturer of ampoules and vials, filed a complaint against Schott India, a dominant supplier of neutral borosilicate glass tubes. They
Effects-based Analysis Essential to demonstrate violation of Competition Act Read More »
The Supreme Court held that employees who are absorbed into a service under the State Government are entitled to pension benefits at par with regular employees, from the date of their absorption. In 1995, a large number of co-operative societies and their employees involved in the distribution of electricity were merged with the Madhya
Employees Absorbed Post-Merger Entitled to Pension Benefits Read More »
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