H O Gupta & Associates

The Supreme Court of India in Akhtar Ali @ Ali Akhtar @ Shamim @ Raja Ustad vs. State of Uttarakhand acquitted two men, including one on death row, in a 2014 child rape-murder case. The three-judge bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta set aside both the trial court conviction and death sentence, establishing crucial precedents for evaluating circumstantial evidence in capital punishment cases. Facts of the Case The tragic case originated on November 20, 2014, when a seven-year-old girl went missing from a wedding ceremony at Sheeshmahal in Kathgodam, Uttarakhand. Her father lodged a missing person report the following day. Four days later, the child's body was discovered near the Gaula River forest, with post-mortem examination revealing death due to shock and hemorrhage from sexual assault and blunt force trauma. The investigation led to the arrest of Akhtar Ali, who was allegedly traced to Ludhiana, Punjab through mobile surveillance, ...

  Key Legal Principle Established The Supreme Court of India in Jupally Lakshmikantha Reddy vs. State of Andhra Pradesh & Anr. has established a crucial legal principle that the alleged submission of a forged Fire Department No-Objection Certificate (NOC) for securing college recognition does not amount to cheating or forgery when the document was neither legally required for affiliation nor materially influenced the Education Department's decision. Background of the Case The appellant, Jupally Lakshmikantha Reddy, operated JVRR Education Society, which had been running a college since 2016 in a non-multi-storeyed building comprising ground floor and three upper floors, with a total height of 14.20 metres. On July 13, 2018, the District Fire Officer of Kurnool submitted a written complaint alleging that the college had obtained recognition from the School Education Department by submitting a forged NOC purportedly issued by the Assistant District Fire Officer. ...

In a significant ruling, the Supreme Court has reiterated that anticipatory bail is impermissible under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 , unless it is prima facie shown from the First Information Report (FIR) itself that no offence under the Act is made out. A three-judge bench led by Chief Justice of India B.R. Gavai , along with Justice K. Vinod Chandran and Justice N.V. Anjaria , set aside the Bombay High Court’s order granting anticipatory bail to an accused who allegedly humiliated a complainant in public by referring to his caste identity. Court’s Observation on Anticipatory Bail The bench clarified the limited scope of judicial discretion under Section 438 CrPC in cases involving the SC/ST Act: “Where on the face of it the offence under Section 3 of the Act is found to have not been made out and that the accusations relating to the commission of such offence are devoid of prima facie merits, the Court has a room to exercise th...

Key Legal Distinction Reinforced by Supreme Court In a landmark ruling in Ramesh Chand (D) Thr. Lrs. vs. Suresh Chand & Anr. , the Supreme Court of India emphatically clarified the long-standing distinction between a Sale Deed and an Agreement for Sale under the Transfer of Property Act, 1882 . The Bench comprising Justice Aravind Kumar and Justice Sandeep Mehta reiterated that “there is a difference between a sale deed and an agreement for sale, or a contract for sale” , thereby reinforcing one of the bedrock principles of Indian property law. This ruling carries significant implications for property buyers, sellers, and practitioners, given the widespread reliance on informal property documents in India.   Understanding the Core Legal Principle The Court distinguished between the two instruments with precision: v Agreement for Sale / Contract for Sale o    Creates only a contractual right for future performance o    Does not transfer ...

Supreme Court Justice Surya Kant delivered a stirring convocation address at Damodaram Sanjivayya National Law University (DSNLU), Visakhapatnam, on September 5, 2025, urging fresh law graduates to embrace uncertainty, explore diverse opportunities, and pursue authentic self-discovery. Speaking at the combined convocation ceremony for the 8th through 12th batches, he reminded graduates that the most transformative question they can ask themselves is: “What truly makes me happy?” Breaking the Myth of Linear Career Paths Justice Kant challenged the entrenched belief that young professionals must commit to a single career track early in life. “You may have felt the pressure to choose a single, specific path and stick to it for the rest of your lives. This is a bit of a fib,” he said, noting that passions and interests evolve with time. He stressed that few lawyers discover their calling overnight. Instead, the journey is marked by trial, error, and growth. Many, he said, are dra...

  The Legal Reality: No Copyright in Mere Film Titles In a significant intellectual property ruling that has clarified long-standing questions about film title protection, the Bombay High Court has unequivocally established that "merely registering a film title with an association does not grant protection under copyright law". The case of Sunil S/o Darshan Saberwal vs. Star India Pvt. Ltd. & Ors. (decided on August 18, 2025) represents a decisive moment in Indian entertainment law, settling the debate over whether film titles can claim copyright protection. Justice Sandeep V. Marne, delivering the judgment, observed that "The position is thus fairly well settled that there cannot be a copyright in mere title of a film". This ruling dismisses the interim copyright injunction plea filed by the producer of the 1993 Hindi film Lootere, reinforcing established legal principles while providing much-needed clarity to the entertainment industry. ...