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5/16 Share Upheld in 79-Property Family Partition Dispute; Dorairaj’s Appeals Dismissed: Supreme Court
A nearly four-decade-old family property dispute from Tamil Nadu reached its final conclusion when the Supreme Court of India dismissed two civil appeals filed by Dorairaj. The case revolved around agricultural lands owned by a joint Hindu family, and the judgment brought legal closure to a conflict that began in…
Rape Case Against Advocate Quashed as Consensual Relationship Cannot Be Criminalised Over Failed Promise of Marriage: Supreme Court
The Supreme Court of India has quashed a rape case filed against an advocate from Chhattisgarh, holding that a consensual relationship between two adults cannot be treated as rape merely because it ended without marriage. The Court clarified that criminal law cannot be used to convert a failed or acrimonious…
Membership Rights Restored in Mumbai Housing Society Dispute Over Peddar Road Flat: Supreme Court
The Supreme Court of India has resolved a long-standing dispute arising out of a cooperative housing society in Mumbai, holding that legal heirs of a tenant cannot be denied society membership merely due to delayed payment, especially when earlier resolutions of the society supported their induction. The Court…
Prior Notice Before Arrest Mandatory in Offences Punishable up to 7 Years: Supreme Court
The Supreme Court of India has reiterated that arrest is not automatic in criminal cases punishable with imprisonment of up to seven years. The Court held that police officers must ordinarily issue a notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 before arresting an accused, and arrest…
Arrest Is an Exception, Not the Rule, for Offences Punishable up to 7 Years; S. 35(3) BNSS Notice Mandatory: Supreme Court
The Supreme Court of India has authoritatively held that service of notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 is mandatory in cases where a person is accused of committing an offence punishable with imprisonment up to seven years. The ruling makes it clear that arrest in such cases…
Court’s Permission Required for Further Investigation After Filing of Final Report: Supreme Court
The Supreme Court of India has delivered an important ruling clarifying the limits of police powers during criminal investigation. The Court held that once a final report is filed, the police cannot on their own conduct further investigation and must mandatorily seek prior permission from the concerned court under…
Cheque Bounce Complaint Revived; Court Says Justice Demands Restoration of Dismissed Case: Supreme Court
The Supreme Court of India has restored a cheque bounce complaint that was earlier dismissed for default by a trial court in Ghaziabad, holding that the High Court erred in refusing to revive the case. The Court emphasized that the complaint deserved to be heard on merits, particularly when the complainant was only…
Delayed Arbitration Award Can Be Sustained; Court Clarifies Power to Extend Arbitrator’s Mandate: Supreme Court
The Supreme Court of India has delivered an important ruling clarifying that courts have the power to extend an arbitrator’s mandate even after an arbitral award is delivered beyond the statutory time limit. The Court held that mere delay in passing an award does not automatically invalidate the entire arbitration…
Joint Insolvency Proceedings Against Grand Venezia and Bhasin Group Upheld in Real Estate Dispute: Supreme Court
The Supreme Court of India has dismissed three civil appeals filed by former directors of Grand Venezia Commercial Towers Pvt. Ltd. and Bhasin Infotech and Infrastructure Pvt. Ltd., thereby clearing the way for a joint insolvency process initiated by more than 100 commercial property allottees. The Court held that the…
Unproven Treatment Cannot Be Claimed by a Patient as a Matter of Right: Supreme Court
The Supreme Court of India has clearly held that Stem Cell Treatment for Autism Spectrum Disorder cannot be claimed by patients as a matter of right. The Court observed that such treatment is unproven, lacks adequate scientific backing, and cannot be treated as a regular clinical procedure. The judgment reinforces…
