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Minor Cannot Be Denied Hearing, Ex Parte Succession Certificate Set Aside: Supreme Court
The Supreme Court of India delivered an important judgment protecting the legal rights of minors in civil proceedings. In the case of Deepesh Maheswari and Another versus Renu Maheswari and Others, the court set aside an ex parte succession certificate, holding that denial of proper representation to a minor legal…
Delay in Filing Complaint Can Be Fatal in Matrimonial Disputes, 498A Dowry Case Against In-Laws Quashed: Supreme Court
The Supreme Court of India has quashed a criminal case filed for dowry harassment against the parents-in-law and sister-in-law of a woman, holding that an unexplained delay of nearly seven years in filing the complaint is fatal to the prosecution. The Court emphasized that in matrimonial disputes, timely reporting is…
Karnataka Stamp Act | Court Has No Discretion To Impose Penalty Below Ten Times Deficit Duty: Supreme Court
The Supreme Court delivered a significant judgment clarifying that courts have no discretion to reduce penalty when insufficiently stamped documents are produced in evidence under Section 34 Karnataka Stamp Act 1957. The Court held that once such a document is admitted by the court, a penalty equal to ten times the…
Foreign Arbitral Award Upheld, Promoters’ Challenge Rejected: Supreme Court
The Supreme Court of India has upheld the enforcement of a foreign arbitral award worth more than ₹1400 crore, reinforcing India’s pro-arbitration stance. The Court refused to interfere with the findings of the arbitral tribunal and the High Court, holding that objections raised by the promoters could not block…
Government Can Withdraw Tax Concessions Granted to Industry in Public Interest: Supreme Court
The Supreme Court of India has clarified that recipients of government-granted tax concessions have no vested right to claim that such concessions must continue indefinitely. A bench comprising Justices PS Narasimha and Alok Aradhe held that concessions are defeasible rights, and the government can withdraw them in…
Can Foreign Arbitral Award Be Challenged in India on Grounds Rejected by Seat Court? Supreme Court Explains ‘Transnational Issue Estoppel’
The Supreme Court of India has held that enforcement of a foreign arbitral award under Section 48 of the Arbitration and Conciliation Act, 1996 cannot be blocked on the ground of public policy if the issue has already been finally decided by the seat court. The bench, comprising Justices Sanjay Kumar and K. Vinod…
Fraudulent Insurance Claims with Staged Incidents Common, SIT Probe Ordered into Fake Fire Claim: Supreme Court
The Supreme Court of India has delivered a significant judgment on fraudulent insurance claims, holding that once fraud is established, no relief can be granted. The Court ordered a Special Investigation Team investigation into a fire incident and completely rejected the insurance claim made by the company. Background…
Incarceration Without Trial Amounts to Punishment, Bail Granted After Two Years of Undertrial Custody: Supreme Court
The Supreme Court of India has once again emphasized the importance of personal liberty and the right to speedy trial under Article 21 Constitution of India, holding that prolonged incarceration without trial amounts to punishment. The Court granted bail to the accused in a serious criminal case after noting a delay…
Dismissal of Suit for Default Not Res Judicata, but Relief May Be Denied for Abandoning Earlier Proceedings: Supreme Court
The Supreme Court in the case of Sharada Sanghi & Ors. v. Asha Agarwal & Ors. examined an important issue relating to dismissal of suits for default, applicability of Section 11 Code of Civil Procedure, 1908, and misuse of court process during execution proceedings. The dispute arose from a long-standing property…
Premature Complaint and Cheque Dishonour Under Section 138 NI Act Clarified: Supreme Court
The Supreme Court of India delivered a landmark judgment in the case of Yogendra Pratap Singh vs Savitri Pandey & Anr on September 19, 2014. The case resolved a long-standing conflict among various High Courts regarding whether a complaint under Section 138 Negotiable Instruments Act, 1881 can be filed before expiry…
