Showing 1938 articles
Co-Owner Can Gift Undivided Share Without Consent of Other Co-Owner; Granddaughter Declared Entitled to Half Share: Supreme Court
The Supreme Court of India has delivered a landmark judgment clarifying that a co-owner holding an undivided share in a property has the legal right to gift that share without requiring the consent of the other co-owners. This decision provides important legal clarity on the rights of co-owners and the nature of…
High Courts Cannot Conduct ‘Mini-Trial’ While Deciding FIR Quashing Pleas; Karnataka Cases Restored: Supreme Court
The Supreme Court of India has clarified that High Courts do not have the authority to conduct a “mini-trial” or assess evidence when deciding petitions to quash FIRs under the Criminal Procedure Code. This landmark judgment emphasizes that courts must restrict their inquiry to the question of whether the FIR…
Police Should Investigate Crimes, Not Marriages; No Business Being 'Nosy Parkers': Allahabad High Court
The Allahabad High Court has delivered a landmark judgment by quashing an FIR filed by a father against his daughter's husband. The court emphasized that two adults marrying by their own free will is not a crime and police have no authority to interfere in such personal choices. This ruling highlights the importance…
Husband Seeking Divorce Over Wife's Accidental Hip Injury Is 'Inhumane' and Against Constitutional Values: Madras High Court
The Madras High Court recently delivered a significant judgment emphasizing that seeking divorce solely on the ground of a spouse’s physical disability or injury is contrary to constitutional values of dignity, equality, and compassion. The Court held that a person who sustains accidental injuries cannot be deemed…
Order VII Rule 7 CPC | Court May Grant Lesser Relief, But Not a Completely Different Claim; Supreme Court Declines to Allow Partition in Title Suit: Supreme Court
The Supreme Court has recently clarified the scope of Order VII Rule 7 of the Civil Procedure Code (CPC), emphasizing that while the Court has the authority to grant a lesser or alternative relief based on the facts pleaded and proved, it cannot grant a relief that involves a completely different cause of action. This…
Criminal Proceedings Against Family Member of Sole Proprietorship Under Section 138 of the Negotiable Instruments Act Quashed: Calcutta High Court
The Calcutta High Court has recently passed a significant judgment in a criminal revision case, emphasizing that criminal proceedings against a family member of a sole proprietorship based on cheque bounce allegations cannot be sustained under Section 138 of the Negotiable Instruments Act, 1881. The court clarified…
Constitutionality of Sentences Imposing Imprisonment for the Remainder of Natural Life Without Remission Upheld: Supreme Court
The Supreme Court has recently upheld the constitutionality of sentences directing imprisonment for the remainder of a convict's natural life without the possibility of remission. The Court dismissed several writ petitions that challenged such sentences, asserting that these punishments are valid under Indian law and…
'Nothing NICE About It': Land Acquisition for Bengaluru-Mysuru Corridor Revoked, Called the 'Biggest Scam': Karnataka High Court
The Karnataka High Court has strongly criticized the land acquisition process for the Bengaluru-Mysuru Infrastructure Corridor Project (BMICP), declaring it as "nothing nice about it" and describing it as one of the "biggest scams" in the state. The Court upheld an order quashing all proceedings related to land…
Mother Who Dismissed Complaints and Allowed Accused to Stay at Home 'Intentionally Aids' POCSO Offence by Illegal Omission: Delhi High Court
The Delhi High Court has held that a mother who dismisses her children's complaints of sexual abuse and continues to allow the accused to remain in the house can be considered to have "intentionally aided" the offence under Section 16(iii) of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The Court…
Denial of Refund of Unused Additional FSI Premium for Housing Projects Is Arbitrary Under the MRTP Act: Supreme Court
The Supreme Court has recently held that landowners and developers cannot be denied a refund of the premium paid for unutilized additional Floor Space Index (FSI) solely because there is no specific legal provision expressly providing for such a refund. The Court emphasized that withholding the refund in such cases is…
