Perverse Order of a Court : SC Explains What it is

22 May 2025Posted inConstitutional lawNo Comments
A perverse verdict may probably be defined as one that is not only against the weight of evidence but is altogether against the evidence. Perverse can be defined as “turned the wrong way”; not right; distorted from the right; turned away or deviating from what is right, proper, correct, etc, says the SC in Ramakant Ambalal Choksi vs Harish Ambalal Choksi [2024 INSC 910].

Complaints under DV Act Can Be Quashed u/s 482 CrPC

20 May 2025Posted inUncategorizedNo Comments
The Supreme Court (SC), in Shaurabh Kumar Tripathi v Vidhi Rawal [2025 INSC 734], states that High Courts can quash complaints filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act), in exercise of their inherent powers under Section 482 of the Code of Criminal Procedure (CrPC), now S.528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

A Woman Subjected to Domestic Violence alone Can Seek Remedies under PWDV Act

19 May 2025Posted inCriminal law, UncategorizedNo Comments
The Protection of Women against Domestic Violence Act (PWDV Act), particularly its Section 12, makes it very clear that an application for the reliefs provided under Sections 18 to 22 can be made only by an aggrieved person or on her behalf, says the High Court of Kerala in Shynil & Others v State of Kerala & Others [2024:KER:89997].

Entrustment of Gold by Wife to Husband in Matrimonial Cases

18 May 2025Posted inFamily, Marriage & DivorceNo Comments
In matrimonial cases concerning the recovery of gold ornaments, the burden of initial proof lies with the wife to establish the entrustment of those assets to her husband. The initial onus of proof is on the wife to substantiate that the amount and the gold ornaments were misappropriated by the husband and his family, and that money was entrusted to them in trust at the time of marriage.

No Prior Govt Sanction Required for Inquiry or Investigation in Some Circumstances

16 May 2025Posted inCorruption & Bribery cases, Criminal lawNo Comments
The prior sanction of the Government, as mandated under Section 17A of Prevention of Corruption Act (PC Act) in regard to recommendations made or decisions taken, would not be necessary when the act of the public servant is ex-facie criminal or constitutes an offence. This is what the Supreme Court (SC) states in the judgement in Shankara Bhat and Others v. State of Kerala and Others [2021(5) KHC 248].

Sanction Required to Prosecute a Public Servant if the Alleged Act is Connected to Official Duties

14 May 2025Posted inCorruption & Bribery cases, Criminal lawNo Comments
The Section 197 of the Code of Criminal Procedure (CrPC) protects the public servants from frivolous or vexatious prosecution by requiring prior sanction from the Government before they can be prosecuted for acts allegedly committed in the discharge of their official duties and such protection extends even to acts carried out in excess of official duties, as long as there is a reasonable nexus between the alleged act and the discharge of official functions, says the Supreme Court (SC) in G.C. Manjunath v Seetaram [2025 INSC 439].

District Court has no Power to Modify an Arbitral Award u/s 34 of the AC Act

10 May 2025Posted inCivil law1 Comment
In the issue whether the Principal District Court can modify arbitral awards under Section 34 & Section 37 of the Arbitration and Conciliation Act, 1996 (AC Act) the five member Constitutional Bench  in Gayatri Balasamy v M/S Isg Novasoft Technologies Limited [2025 INSC 605] decided that under the Sections 34 & 37, the Principal District Court has no power to modify the award.

Maintenance Not to be Granted Without Considering Affidavit on Assets & Liabilities

9 May 2025Posted inFamily, Marriage & DivorceNo Comments
The Supreme Court (SC), in Aditi Alias Mithi v Jitesh Sharma [2023 INSC 981 ] directs the courts in India to follow the detailed guidelines issued by it in Rajnesh v Neha &  Another [(2021) 2 SCC 32], including filing of the uniform format of Affidavit for Disclosure of Assets and Liabilities, in maintenance proceedings.