In Ghanshyam Soni v. State (NCT of Delhi) (2025 INSC 803), the Supreme Court held that for Section 468 CrPC, the limitation period runs from the date a complaint is filed, not when the Magistrate takes cognizance. A timely 498A IPC complaint cannot be dismissed as time-barred due to court delays. Relying on Bharat Damodar Kale (2003) and Sarah Mathew (2014), the Court said penalizing a complainant for judicial delay is unfair and may breach Article 14.
This case reinforces the principle that when the law prescribes a mandatory minimum sentence, courts do not have the authority to impose a lesser sentence unless explicitly provided by the statute. Interpretation of statutory provisions regarding minimum sentences and the discretion of the court in imposing such sentences. The Supreme Read more »
In the case of National Commission for Protection of Child Rights (NCPCR) vs. State of Jharkhand & Ors., the Supreme Court dismissed a writ petition filed by the NCPCR under Article 32, emphasizing that statutory bodies created to protect fundamental rights cannot invoke Article 32 to enforce their mandates against Read more »
In North Delhi Municipal Corporation v. S.A. Builders Ltd., the Hon’ble Supreme Court, while adjudicating a civil appeal by special leave, affirmed that an arbitrator is empowered to grant post-award interest on both the principal amount and the pre-award interest accrued thereon. The case arose from a contractual dispute concerning Read more »
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