“COMMON SENSE OFTEN MAKES A GOOD LAW.”
NEWS – SUPREME COURT
Palani v. State of Tamil Nadu
Minor inconsistencies in eyewitness testimony cannot override credible evidence – Supreme Court
The Supreme Court upheld the conviction of the accused for offences under the Indian Penal Code after finding that eyewitness testimony was consistent and supported by medical evidence.
The Court reiterated that medical evidence is opinionative in nature and credible ocular evidence must ordinarily receive primacy.
The appeal challenging conviction was dismissed.
Akhtar and Ors v. State of Bihar and Ors
High Courts cannot reverse acquittals merely because another view is possible – Supreme Court
The Supreme Court restored the acquittal recorded by the trial Court after holding that the High Court improperly re-appreciated evidence without establishing perversity.
The Court emphasized that presumption of innocence is strengthened once an accused is acquitted.
The appeals were allowed and the High Court judgment was set aside.
New India Assurance Company Limited and Ors v. Rajeshwar Sharma and Ors
Insurer not liable where destruction occurred under lawful authority – Supreme Court
The Supreme Court held that exclusion clauses in insurance contracts apply when property destruction occurs by order of a lawful authority.
The Court found that demolition carried out by the Municipal Corporation attracted the exclusion clause under the insurance policy.
The insurer’s appeal was allowed.
NEWS – HIGH COURT AND TRIBUNALS
Bhushan Prasad Singh v. The State of Bihar and Ors
State authorities cannot benefit from their own delay and inaction – Patna High Court
The Patna High Court held that authorities cannot deny retrospective promotion benefits after repeatedly delaying consideration of an employee’s claim.
The Court directed grant of promotional benefits that had already been extended to similarly situated employees.
The writ petition was allowed.
Rajagopal and Ors v. Valliyammal and Ors
Husband successfully proved benami transaction in wife’s name – Kerala High Court
The Kerala High Court held that the husband established, through surrounding circumstances and evidence, that property purchased in the wife’s name was a benami transaction.
The Court observed that beneficial ownership and actual financial contribution are crucial factors in determining benami nature.
The husband was declared owner of the property.
NBCC (India) Ltd v. The State of Assam and Ors
Statutory authorities must act strictly within powers granted by law – Gauhati High Court
The Gauhati High Court quashed directions issued by the Micro & Small Enterprise Facilitation Council after finding that statutory procedures under the MSMED Act were not followed.
The Court reiterated that statutory powers must be exercised only in the manner prescribed by law.
The writ petition was allowed.
Shivendra Raizada and Ors v. State of U.P. and Ors
General allegations without specific role cannot sustain dowry prosecution – Allahabad High Court
The Allahabad High Court quashed criminal proceedings under dowry and cruelty provisions after finding absence of specific allegations against the accused persons.
The Court held that every post-marriage financial demand does not automatically amount to dowry demand.
The application under Section 482 CrPC was allowed.
