Supreme Court: HC Should Dismiss Writ Petition If There's Delay or Laches, as Equity is Defeated in Article 226 Cases
Recently, the Supreme Court reiterated rules for appellate courts when reversing acquittals by trial courts. The rules are: (a) if the acquittal judgment is clearly wrong, (b) if it ignores important evidence, (c) if only one conclusion—guilt—is possible. In a case, the deceased son went to work with others on their land. Accused later attacked and killed him. The trial court acquitted all accused due to lack of proof beyond doubt. State appealed to the High Court, which convicted three accused. The convicted appealed to the Supreme Court. The Supreme Court said the High Court didn't follow the rules for reversing acquittals. Instead, it acted like a trial court, making its own decisions based on evidence. This goes against legal principles. Therefore, the Supreme Court found the High Court's judgment flawed.(Babu Sahebagouda Rudragoudar and others v. State of Karnataka)
Punjab & Haryana High Court Rejects Pre-Arrest Bail for Accused of Minor Wife Kidnapping
Dismissing the argument that the man had married according to Muslim Personal Law, the Punjab & Haryana High Court refused anticipatory bail for allegedly abducting his underage wife. The court cited the definition of a child as anyone under 18 years old, as outlined in Section 2(d) of the 2012 Act. Furthermore, it emphasized that Section 42-A of the same Act gives precedence to its provisions over any conflicting laws. The case involved a Muslim man accused under IPC Sections 363 and 366-A for purportedly kidnapping a 15-year-old girl he married in 2023. Despite the girl expressing her desire not to return to her parents, she was sent to a Children's Home due to her minor status, as noted during the hearing.
DIVORCE BECAUSE OF INFERTILITY - MENTAL CRUELTY
Can't get a divorce because of infertility; it's harsh, says the Calcutta High Court The Calcutta High Court has declared that infertility is not a valid reason for divorce and that abandoning a woman who is dealing with infertility-related mental and physical health concerns is "mental cruelty." A man was having a case heard by the HC regarding his appeal for the dismissal of criminal charges brought against him after he filed for divorce, citing "persistent mental torment and agony" brought on by his wife, who was suffering from mental health issues as a result of primary infertility and premature menopause.
Consumer Dispute
The Supreme Court orders insurers to pay replacement costs rather than depreciated values for goods damaged by fire
The National Consumer Disputes Redressal Commission later reduced the order from INR 29,17,500 to INR 12,60,000, but the Supreme Court has upheld it. It was made by the State Consumer Disputes Redressal Commission of Punjab. Additionally, the interest rate was reduced from 9% to 7%. A Bench made up of Justices M.R. Shah and C.T. Ravikumar determined after reading the insurance policy that the insured was entitled to the reinstatement value rather than the depreciated value. It was determined that the insured was entitled to INR 29,17,500, which represented the reinstatement value, plus interest at a rate of 7% from the date of the State Commission's order in 2014 until the actual payment
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