Legally Sane

On 16.01.2023, A division bench of the Hon’ble Supreme Court in Criminal Appeal No. 37 of 2023 titled The State Through Central Bureau of Investigation Vs. T. Gangi Reddy @ Yerra Gangi Reddy has decided a substantial question of law relating to the cancelation of default bail, wherein, Y.S. Vivekananda Reddy, a former M.L.A.; former Member of Lok Sabha; former Member of A.P. Legislative Council; and holding other posts was found dead in his house in 2019. A case under Section 302 read with Section 120-B of the IPC was registered. The State constituted an SIT. During the course of the investigation, the Respondent (Accused1) was arrested. On the expiration of 90 days, Respondent was released on default bail under Section 167(2) of the Cr.P.C. Investigation into the above crime was entrusted to the Appellant(CBI). The CBI filed the initial/first chargesheet and named A1 to A4. Thereafter, the CBI filed an application before the Special Court under Section 439(2) Cr.P.C. for the cancelati...

Sub-Section 1 of Section 13B of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘HMA’) provides that a petition (hereinafter referred to as ‘first motion’) for dissolution of marriage by a decree of divorce may be presented by both the parties on the ground that:  They have been living separately for one year or more;  They have not been able to live together and; They have mutually agreed that the marriage should be dissolved . Further, Sub-Section 2 of Section 13B of the HMA provides that the second motion shall be filed not earlier than 6 months after the date of presentation of the first motion and not later than 18 months after the said date, if the petition (first motion) is not withdrawn in the meantime, the court shall pass a decree of divorce declaring the marriage to be dissolved. Further, the court shall satisfy itself that: A marriage has been solemnized and; The averments in the petition are true.    Further, Section 14 of HMA says th...