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    News And Judgement

    Supreme Court Grants Bail To Kejriwal's PA Bibhav Kumar In Swati Maliwal Assault Case

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    Irretrievable Breakdown Of Marriage Can't Be Used To Advantage Of Party Responsible For Collapse Of Marriage : Supreme Court

    In a recent case, the Supreme Court expressed dismay over the mechanical approach adopted by the Family Court in granting a divorce decree against the wife despite no fault being attributed to her.. The Court said that the husband cannot be benefitted from seeking annulment of the marriage when he was solely responsible for the breakdown of the marital relationship. 

    It was a case where soon after a child was born out of wedlock, the husband/respondent deserted his wife/appellant and the child. Consequently, a divorce petition was filed by the husband on the ground of cruelty which was decreed by the family court against the wife, following which on appeal the High Court set aside the decree and remanded the matter back to the family court. Subsequently, another decree was passed by the family court on the ground of irretrievable breakdown of marriage which in appeal, was set aside by the High Court and the matter was remanded back to the Family Court.
     

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    Bail Cannot Be Denied On The Ground That Trial Is Expedited: Supreme Court

    The Supreme Court today (September 2) emphasized that bail cannot be rejected merely on the ground that the trial will be expedited. A bench of Justice Abhay Oka and Justice Augustine George Masih said this while issuing notice in an SLP by a dacoity accused challenging Calcutta High Court's decision to reject his bail plea but expedite the trial. The Supreme Court noted that despite the Constitution Bench judgment in the case of High Court Bar Association v. State of UP, which held that High Courts and the Supreme Court should not fix a time-bound schedule for the completion of trials.
     

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    The Delhi High Court refused to quash a defamation case filed by a BJP leader against CM Arvind Kejriwal.

    The Delhi High Court on Monday refused to quash a defamation case filed by a BJP leader against Chief Minister Arvind Kejriwal and other Aam Aadmi Party (AAP) leaders for their remarks over alleged deletion of voters' names from electoral rolls in the national capital in 2018.

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    S. 482 CrPC/S.528 BNSS | Supreme Court Lays Down Four-Step Test For High Courts To Quash Criminal Cases.

    The Supreme Court laid down the steps to be considered by the High Court while hearing quashing petitions under Section 482 Cr.P.C. (now Section 528 BNSS). The following steps should ordinarily determine the veracity of a prayer for quashing, raised by an accused by invoking the power vested in the High Court under Section 482 of the Cr.P.C.: - (i) Step one, whether the material relied upon by the accused is sound, reasonable, and indubitable, i.e the material is of sterling quality? (ii) Step two, whether the material relied upon by the accused would rule out the assertions contained in the charges levelled against the accused. (iii) Step three, whether the material relied upon by the accused has not been refuted by the prosecution/complainant, and or the material is such that it cannot be justifiably refuted by the prosecution/complainant? (iv) Step four: whether proceeding with the trial would result in an abuse of process of the court, and would not serve the ends of justice? 

    "If the answer to all steps is in the affirmative, judicial conscience of the High Court should persuade it to quash such criminal proceedings, in exercise of power vested in it under Section 482 of the Cr.P.C

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