Showing 1218 articles
Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict
The Supreme Court of India recently addressed concerns arising from delays in judgment regarding a petition under Section 34 of the Arbitration and Conciliation Act, 1996. The case involved Manbhupinder Singh Atwal as the petitioner and Neeraj Kumarpal Shah as the respondent. Key Events 1. The petition under Section…
Waqf Board & Not Waqf Tribunal Has Jurisdiction To Appoint Mutawalli : Supreme Court
In a landmark judgment, the Supreme Court of India clarified the jurisdictional aspects under the Waqf Act, 1995 through the case of S V CheriyaKoya Thangal vs. S.V P Pookoya & Ors. The case, originating from Civil Appeal No. 4629/2024 [@ SLP [C] No. 3182/2019], revolves around the intricate legalities of…
Supreme Court Seeks Early Decision on Sanction Requirement for Investigation Against Public Servants Under Section 156(3) CrPC
In a significant development in the legal sphere, the Supreme Court of India, comprising Hon'ble Mr. Justice C.T. Ravikumar and Hon'ble Mr. Justice Rajesh Bindal, took up the matter of Shamim Khan vs. Debashish Chakrabarty & Ors. This case delves into a crucial question concerning the role of magistrates when…
Upholds Acquittal in S.138 NI Act Case, Finds Cheque Not Linked to Legally Enforceable Debt: Supreme Court
In a recent development, the Supreme Court of India reviewed a significant case under the Negotiable Instrument Act, 1881. The case, involving M/S Rajco Steel Enterprises versus Kavita Saraff and Another, pertained to cheque dishonour accusations. Case Details: The petitioner, M/S Rajco Steel Enterprises, filed four…
Supreme Court's Inquiry: Does S.156(3) CrPC Require Sanction for Investigation of Public Servants?
The Supreme Court of India recently convened to deliberate on a crucial legal question regarding the role of magistrates in directing criminal investigations. The matter, arising from a judgment in "Manju Surana vs. Sunil Arora & Ors." (2018) 5 SCC 557, centers on whether a magistrate, when directing an investigation…
Easementary Rights Case, Easement By Necessity Not Available When There Is Alternative Way To Access Property : Supreme Court
In a recent judgment, the Supreme Court of India resolved a dispute regarding easementary rights over a 20ft. wide road, as per Section 15 of the Indian Easements Act, 1882. The case involved Manisha Mahendra Gala & Ors. (Appellants) vs. Shalini Bhagwan Avatramani & Ors. (Respondents). The case stemmed from a property…
Insurance Law, Insurer's Burden To Prove Insured Suppressed Material Facts : Supreme Court
In a significant judgment, the Supreme Court of India has directed an insurance company to honor an insurance claim amounting to Rs. 7,50,000/- and Rs. 9,60,000/-, with 7% interest per annum. The case revolves around the interpretation of Sections 101, 102, 103, and 106 of the Evidence Act, 1872 and the principle of…
Supreme Court Affirms: Power of Attorney Holders Cannot Testify on Matters Within Clients' Personal Knowledge
In a landmark judgment delivered by the Supreme Court of India, the long-standing dispute over easementary rights has finally found closure. The case, which involved Civil Appeal No. 9642 of 2010 under the Indian Easements Act, 1882, centered around the rights over a 20ft. wide road situated on land Survey No.57 Hissa…
Supreme Court Clarifies: NDPS Act's Search & Seizure Rules Not in Conflict with Constitutional Protections
In a groundbreaking ruling, the High Court has overturned convictions in a case that sheds light on the nuanced application of the Narcotic Drugs and Psychotropic Substances (NDPS) Act 1985. This verdict has far-reaching implications, particularly regarding the necessity of adhering to statutory provisions during…
Land Dispute, Easement By Necessity Not Available When There Is Alternative Way To Access Property : Supreme Court
In a landmark judgment on INSC 293, the Supreme Court of India delivered a decisive ruling in a long-standing land dispute between parties, highlighting crucial legal aspects under the Indian Easements Act, 1882. Background of the Case: The case centered on a dispute over easementary rights concerning a 20ft. wide…
