Showing 1213 articles
Pedestrians Have a Fundamental Right to Footpaths; Motorists Cannot Override the Right to Walk: Supreme Court
In a landmark judgment, the Supreme Court has declared that the right to walk on properly demarcated footpaths is a fundamental right protected under Article 19(1)(d) and Article 21 of the Constitution of India. The Court held that pedestrians have a primary right over public roads and that this right must receive…
Consumer Forum's Jurisdiction Not Excluded Merely Due to Existence of an Arbitration Clause: Supreme Court
The Supreme Court of India has delivered an important judgment protecting consumer rights by holding that the mere existence of an arbitration clause in an agreement cannot prevent a consumer forum from deciding a dispute on its merits. The Court clarified that consumers cannot be forced out of the statutory remedy…
Courts Cannot Award Compensation Without a Specific Plea; Order in Property Encroachment Dispute Set Aside: Supreme Court
The Supreme Court has delivered an important judgment in a long-running property dispute, holding that courts cannot force a litigant to accept monetary compensation when such relief was never sought in the case. The decision came in the matter of Rajat Kumar and Others v. S.D. Adarsh Jain Kanya Mahavidyalaya,…
'No Vested Right Arises Merely From Inclusion in Revised Select List': Fresh Selection Process for TN Motor Vehicle Inspectors Upheld: Supreme Court
The Supreme Court has upheld the decision to conduct a fresh recruitment process for 113 posts of Motor Vehicle Inspector Grade-II in Tamil Nadu, holding that candidates whose names appeared in a select list cannot claim an automatic or vested right to appointment. The judgment was delivered by a Bench comprising…
Dishonour of Cheque Under Section 138 of the Negotiable Instruments Act: Recovery of Money Should Remain Suspended Under Section 22 of SICA, 1985: Supreme Court
The Supreme Court of India decided a batch of appeals filed by Kusum Ingots and Alloys Ltd. and others against Pennar Peterson Securities Ltd. and other respondents. The dispute arose when post-dated cheques were issued by the company towards business liability, but the cheques were dishonoured by the bank due to…
Mumbai Permits Consideration of Revised Garden Layout, Draws Clear Regulatory Boundaries: Supreme Court
In an important development concerning the Mumbai Coastal Road Garden and Promenade Project, the Supreme Court has allowed the Brihanmumbai Municipal Corporation (BMC) to consider a revised Master Layout Plan for the project. However, the Court made it clear that any future development must strictly comply with the…
'We Cannot Be Mute Spectators for Voiceless Animals'; Protection Ordered for Kerala's Tallest Elephant: Supreme Court
In a significant judgment emphasizing animal welfare and compliance with court orders, the Supreme Court directed the Kerala Government to take custody of a captive elephant named Raman and place it in an appropriate rescue or rehabilitation centre. The Court held that the welfare of voiceless animals is of paramount…
Motor Vehicles Act | Tree Falling on a Stationary Vehicle Isn't a 'Motor Accident'; MACT Claim Not Maintainable: Supreme Court
The Supreme Court has held that injuries caused by the fall of a roadside tree branch on a stationary autorickshaw during heavy rainfall cannot be treated as an accident arising out of the "use of a motor vehicle" under Section 166 of the Motor Vehicles Act, 1988. However, considering the severe and permanent injuries…
Article 137 Applies to Probate Revocation Pleas Where Succession Act Prescribes No Time Limit: Supreme Court
The Supreme Court has ruled that when the Indian Succession Act, 1925 does not prescribe any limitation period for seeking probate of a Will or for filing an application seeking revocation of a probate already granted, the limitation period provided under Article 137 of the Limitation Act, 1963 will apply. The Court…
Child Custody Dispute | Psychological Safety of Child Takes Priority; Multi-Expert Evaluation Order Set Aside: Supreme Court
The Supreme Court of India has delivered an important judgment emphasizing that children involved in custody battles should not be subjected to repeated psychological examinations that may adversely affect their emotional well-being. The Court modified orders passed by the Bombay High Court, which had directed a minor…
