1. Heated Exchange or Scuffle Not Sufficient for Abetment of Suicide: Supreme Court
The Supreme Court has held that neighbourhood quarrels, even if they involve verbal spats or physical scuffles, do not by themselves constitute abetment of suicide under Section 306 of the Indian Penal Code. The Court set aside the Karnataka High Court’s conviction of a woman who had been sentenced to three years’ imprisonment for allegedly abetting her neighbour’s suicide. It stressed that to attract Section 306, there must be clear evidence of instigation or intentional aid, not just ordinary domestic disputes or momentary provocation.
2. Supreme Court: Review Jurisdiction Cannot Function as an Appeal in Disguise
The Supreme Court has reiterated that proceedings under Order 47 Rule 1 of the Code of Civil Procedure, 1908, serve a limited purpose and cannot be treated as a substitute for an appeal. The Court clarified that a review petition is maintainable only when there is an error apparent on the face of the record or other grounds contemplated explicitly under the law, and cannot be used to re-argue the case on merits. This reaffirmation underscores the narrow scope of review jurisdiction and preserves the finality of judgments.
3. Supreme Court: Questions Raised on Brain Death Certification and Right to Life
The Supreme Court has expressed reservations over a petition challenging the constitutional validity of brain death certification in India. The petitioner contended that declaring a person brain dead amounts to depriving them of their right to life under Article 21 of the Constitution. The Court questioned whether it could second-guess the legislature’s determination that irreversible cessation of brain activity constitutes death. The matter has been posted for further hearing, with the Court indicating that any interference must be carefully balanced with medical and legal considerations.
4. Supreme Court Concludes Hearing in Presidential Reference on Governor’s Assent to Bills
The Supreme Court has wrapped up hearings in the Presidential reference under Article 143 of the Constitution, which sought clarification on its earlier ruling prescribing timelines for Governors to act on bills passed by State legislatures. During the proceedings, the Bench questioned whether the Court should “sit idle” when Governors fail to discharge their constitutional duties, stressing the importance of ensuring legislative processes are not obstructed. The matter has been reserved for judgment after ten days of extensive arguments.
5. Supreme Court Quashes False Rape Case, Issues Four-Step Test for Frivolous Complaints
The Supreme Court quashed a rape case based on a false promise of marriage, holding that continuing such proceedings would amount to a gross abuse of legal process. Emphasising that summoning a person on a frivolous complaint can seriously harm their reputation, the Court laid down a four-step test for quashing such complaints at the threshold. The judgment aims to prevent the misuse of criminal law and protect individuals from harassment through unfounded allegations.
6. Umar Khalid Approaches Supreme Court Seeking Bail in Delhi Riots Conspiracy Case
Former JNU student Umar Khalid has moved the Supreme Court, challenging the Delhi High Court’s September 2 order denying him bail in the 2020 North East Delhi riots conspiracy case. Khalid, along with eight others, faces charges under the Unlawful Activities Prevention Act,2019. The petition contends that his continued incarceration without trial violates his fundamental rights and seeks interim bail until the conclusion of the proceedings.
7. Supreme Court: Real Estate Insolvency Proceedings Must Be Project-Specific
The Supreme Court has ruled that insolvency resolution under the Insolvency and Bankruptcy Code in the real estate sector should generally be undertaken on a project-specific basis, rather than against the entire corporate debtor, unless exceptional circumstances exist. The Court also reaffirmed that speculative investors are ineligible to trigger the Corporate Insolvency Resolution Process, emphasising that the process is meant to protect genuine homebuyers and creditors and not to facilitate profiteering.
8. Supreme Court: Bail Pleas Must Be Decided Within Two Months
The Supreme Court has directed High Courts and trial courts to dispose of both regular and anticipatory bail applications within two months from the date of filing. It emphasised that mechanisms and procedures must be established to prevent the accumulation of bail applications, ensuring that citizens' liberty is not prolonged in uncertainty. The Court underscored that the timely consideration of bail pleas is essential to uphold the fundamental right to personal liberty and prevent unnecessary incarceration.
9. Supreme Court Lays Down Guidelines to Distinguish Murder from Attempt to Murder
The Supreme Court clarified the principles for determining whether an offence amounts to murder under Section 300 IPC or attempts to murder under Section 307 IPC. It held that the possibility of death being prevented due to medical treatment is irrelevant when deciding if injuries were sufficient in the ordinary course of nature to cause death. The Court emphasised that the nature of the injuries, intention of the accused, and surrounding circumstances must be carefully examined to classify the offence correctly.
10. Supreme Court Questions Why PwD Candidates Clearing General Cut-Off Are Counted in Reserved Quota
The Supreme Court raised concerns over the practice of treating persons with disabilities (PwD) who meet the open category cut-off as reserved category candidates. The Bench observed that this reduces the number of seats available to lower-scoring PwD candidates, defeating the purpose of reservation. The Court asked the Central government to clarify why such candidates are not counted in the general category once they qualify on merit, and suggested that doing so would better protect opportunities for other PwD candidates.
