SC Guidelines on Handling Mercy Petitions & Execution

12 December 2024Posted inCriminal law
The Supreme Court (SC) Issued detailed procedural guidelines to be followed by the executive as well as the judiciary for handling mercy petitions and execution of death sentences so as to prevent delays in the process, in its judgement in State of Maharashtra and Others v Pradeep Yashwant Kokade and Another with Connected Case [ 2024 INSC 947].

Injunction can be Granted even against the True Owner

9 December 2024Posted inCivil law
Injunction may be granted even against the true owner of the property, when the person seeking the relief is in lawful possession and enjoyment of the property and also legally entitled to be in possession. He can be disposed of the property only through due process of law, says the Supreme Court ( SC) in Padhiyar Prahladji Chenaji (Deceased) Through L.R.s vManiben Jagmalbhai (Deceased) Through L.R.s and Ors.

A Road connected to a Road Network becomes Public Road

8 December 2024Posted inCivil law
The moot question that came up before the Kerala High Court in Mariam Beevi v The Secretary, Athirampuzha Grama Panchayat was whether a road that was leading to the houses of the petitioner and six others was an exclusive private path, meant for the benefit of those seven persons; or a public road vested in the respondent Grama Panchayat, meant for the benefit of the general public.

OP under Article 227 impermissible Against Appellate Order in Domestic Violence case

5 December 2024Posted inCriminal law
An Original Petition (OP) under Article 227 of the Constitution is not possible against an appellate order issued by the Court of Session under Section 29 of the Protection of Women from Domestic Violence Act (DV Act), but what is possible is a Criminal Revision Petition under Section 397 of the Code of Criminal Procedure (CrPC) as stated in Kunjumon C K v State of Kerala [ 2024 (6) KHC 45].

Mere Refusal to Marry not amount to Abetment to Suicide

1 December 2024Posted inCriminal law
A person’s simple refusal to marry a lady would not amount to instigation to commit suicide, says the Supreme Court (SC) in Kamaruddin Dastagir v State of Karnataka [2024 INSC 908]. The broken relationships, while emotionally difficult, do not necessarily amount to abetment of suicide unless there is evidence of intent to commit a criminal act.