Essential Elements of a Legal Notice: SC
The Supreme Court (SC) in Kamla Nehru Memorial Trust & Anr Versus U.P. State Industrial Development Corporation Limited & Others [2025 INSC 791] enlists essential elements of a legal notice.
Abetment of Suicide Cannot be Charged on a Teacher for Scolding the Student
Abetment to suicide cannot be charged on a teacher for mere scolding of a student who consequently committed suicide, and no normal person could have imagined that a scolding, that too based on a complaint by a student, would result in suicide of the student so scolded, says the Supreme Court (SC) in Thangavel v The State, Through Inspector of Police & Another.
Recovery of Tainted Money Not Enough for Conviction Without Proof of Demand for Bribe
Mere recovery of tainted money is insufficient to trigger the presumption of guilt under Section 20 of the Prevention of Corruption Act, 1988, unless the entire chain of events i.e., the demand, acceptance, and recovery is established, says the Supreme Court (SC) in State of Lokayuktha Police Davangere v C B Nagaraj [2025 INSC 736].
Declaring a Missing Person’s Civil Death by a Civil Court
The High Court of Kerala in paragraph 19 of the judgement in Shajeev George v The Chief Registrar Of Births And Deaths states that the declaratory decrees can be made by a court only after being satisfied with sufficient proof available on record for declaration of the civil death.
Never Call “District Judiciary” as “Subordinate Judiciary” & “Trial Court Records” as “Lower Court Records”: SC
The Record of the Trial Court should not be referred to as Lower Court Record (LCR). Instead, it should be referred as the Trial Court Record (TCR), says the Supreme Court (SC) in Sakhawat & Another v State of Uttar Pradesh [2025 INSC 777].
Perverse Order of a Court : SC Explains What it is
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
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
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
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.
Appellate Court Cannot Enhance Sentence in an Appeal by the Convict
An appellate court cannot enhance the sentence in an appeal filed by the convict, as it violates the principle of fairness and the statutory scheme under Section 386(b)(iii) Code of Criminal Procedure (CrPC), which prohibits enhancement in such appeals, says the Supreme Court ( SC) in Sachin v State Of Maharashtra [2025 INSC 518].
In Matrimonial Cases for Return of Gold by Wife, Strict Proving of Entrustment not Necessary
In cases concerning the gold and cash given to a woman during her marriage, the courts should apply the principle of preponderance of probabilities as documentary proof of entrustment is not often available for the transaction.
SC Warns Against Cruel Misuse of 498A Cases by Wife
The Supreme Court (SC), in Rajesh Chaddha v State of Uttar Pradesh [2025 INSC 671] warns against the cruel misuse of Section 498A of the Indian Penal Code (IPC) and such other provisions of law against husband and in-laws by the wife and her relatives, without concrete evidence.