Summary of some key decisions of the Hon’ble Supreme Court of India has been provided below.
No obligation on Officer-in-charge to arrest accused when filing chargesheet nor arrest pre-requisite formality to take chargesheet on record by Magistrate
In Siddharth v. State of Uttar Pradesh the Supreme Court has held that an accused is not required to be produced in custody if the IO does not believe that the accused will abscond or disobey summons, with the term “custody” under Section 170 not contemplating either police or judicial custody, merely the presentation of the accused by the IO before the Court while filing the chargesheet.
Murder conviction set aside for wrongful prosecution founded on mala fide police investigation
Appeals filed in the case of Madhav v. State of Madhya Pradesh have been allowed by the Supreme Court and conviction recorded under Section 302 read with Section 34 of the Indian Penal Code 1860 (IPC) against all three accused, including the accused who did not prefer an appeal (via powers under Article 142 of the Constitution of India), have been set aside primarily on the ground of wrongful prosecution founded on mala fide police investigation to shield the real culprits (even though named in the FIR).
Plaintiff-buyer a necessary party in a suit for foreclosure filed after purchase and with notice
“Decree of foreclosure passed in the suit filed by the mortgagee will not extinguish the right of the mortgagor to redeem land in view of the fact that he was not impleaded as a party in the suit though he has purchased part of the mortgaged property by virtue of registered sale deed“, has been held by the Supreme Court in the case of Narayan Deorao Javle, noting the fact that the plaintiff’s possession was recorded in revenue records after the purchase of the mortgaged property and of which the mortgagee was aware.
Document satisfying Section 58(c) TPA is a “mortgage by conditional sale”; no recovery for “improvements” to enjoy usufruct of property mortgaged
The Supreme Court in the case of Bhimrao Ramchandra Khalate, has overturned the judgment and decree passed by the First Appellate Court and that of the High Court affirming the same, and decreed the suit for redemption in favour of the plaintiff-appellant, by interpreting the contents and intentions of the parties to the subject document titled “conditional sale deed”, executed as security for the loan amount, as a mortgage by conditional sale (and not outright sale).
Will revocation via Cancellation Deed by affixing thumb impression/failure to object to non-production of original deed
In the case of Lachhmi Narain Singh, the Supreme Court has set aside the impugned High Court order and restored the judgment of the Trial Court denying grant of probate due to revocation of subject will by the executant via registered Deed of Cancellation, since the Probate applicant never raised any objection regarding the mode of proof before the trial court, and despite the executant, a literate person, applying his thumb impression to the Deed of Cancellation.
Author: Anand Chaudhuri | Advocate @Legalrisk | JD (UNSW) LL.B (CLC, Faculty of Law, University of Delhi) | Website: https://legalrisk.in/. | Email: [email protected]
Disclaimer: The contents of this article are for information purposes only and do not constitute an advice or a legal opinion and are personal views of the author. It is based upon relevant law and/or facts available at that point of time and prepared with due accuracy & reliability. Readers are requested to check and refer relevant provisions of statute, latest judicial pronouncements, circulars, clarifications etc before acting on the basis of the above write up. The possibility of other views on the subject matter cannot be ruled out. By the use of the said information, you agree that Author / TaxGuru is not responsible or liable in any manner for the authenticity, accuracy, completeness, errors or any kind of omissions in this piece of information for any action taken thereof. This is not any kind of advertisement or solicitation of work by a professional.