Supreme Court: bail, criminal law, and procedural fairness
Criminal antecedents as a bail factor
In Rajni v. State of Punjab, dealing with a mob murder case, the Court set aside regular bail granted to three accused after finding that the High Court had not analysed their distinct roles and criminal antecedents. It emphasised that in extremely grave offences, incarceration period and trial delay cannot be the sole determinants for bail, and that antecedents bear directly on whether an accused will comply with bail conditions and avoid witness intimidation.[4]
Arbitration clause vs consumer fora
In T.K.A. Padmanabhan v. Abhiyan Coop. Group Housing Society Ltd., the Supreme Court reaffirmed that an arbitration clause cannot oust the jurisdiction of consumer fora under the Consumer Protection Act, 1986. It clarified that consumer remedies are statutory, “additional and independent”, and once a complaint is admitted, it cannot be transferred to arbitration under the proviso to Section 12(4); an allottee retains the right to claim compensation for delayed possession even after receiving the flat.[5]