Section 18A – SC/ST Act, 1989 – Constitutional Validity – The Apex Court, observed that provisions of Section 438 Cr.PC shall not apply to the cases under Act. However, if the complaint does not make out a prima facie case for applicability of the provisions of the Act of 1989, the bar created by section 18 and 18A(i) shall not apply. Also, it has overruled the previous judgement of Dr.SUBHASH KASHINATH MAHAJAN Vs. THE STATE OF MAHARASHTRA & ANR – (2018) 6 SCC 454.
The classification of Marathas as a socially and educationally backward class was unreasonable as they belonged to a politically dominant caste with significant economic resources. The court also concluded that the majority opinion in the Indra Sawhney case was correct and that the limit of 50 percent for caste-based reservations did not need consideration by... Read more » Read more »
Urmila Dixit v. Sunil Sharan Dixit (2025 INSC 20)Date of Judgment: 2 January 2025 In Urmila Dixit v. Sunil Sharan Dixit 2025 INSC 20, the Supreme Court ruled on the applicability of Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The case revolved around a mother who had gifted... Read more » Read more »
The court observed that, section 366 of the CrPC casts a duty upon the High Court to, (a) “examine the nature and manner in which the offence was committed, mens reas, if any of the culprit, the plight of the victim as noted by the trail court, the diabolic manner in which the offence was... Read more » Read more »
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