Hindu Succession Act, 1956 – Section 29A – Coparcenary rights – Partition and separate possession of one-third in the plaint schedule property – Property is not available partition as of the date of coming into force of Section 29A – There is no prohibition to effect a partition otherwise than through an instrument in writing by duly complying with the requirement of law – Division may also be effected under a settlement or oral understanding
SUPREME COURT OF INDIA DIVISION BENCH H. VASANTHI — Appellant Vs. A. SANTHA (DEAD) THROUGH LRS. AND OTHERS — Respondent ( Before : Bela M. Trivedi and S.V.N. Bhatti, JJ.…
Civil Procedure Code, 1908 (CPC) – Order 17 Rule 2 – Procedure if parties fail to appear on day fixed – Where the evidence or a substantial portion of the evidence of any party has already been recorded and such party fails to appear on any day to which the hearing of the suit is adjourned, the Court would be at liberty to proceed with the case as if such party were present
SUPREME COURT OF INDIA DIVISION BENCH Y.P. LELE — Appellant Vs. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD. AND OTHERS — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah, JJ.…
Demand of Service Tax on the basis of Show Cause Notice – Assessee cannot be subjected to a penalty on the basis of a show cause notice containing a completely erroneous category of service
SUPREME COURT OF INDIA DIVISION BENCH COMMISSIONER OF SERVICE TAX, MUMBAI-II — Appellant Vs. M/S 3I INFOTECH LTD. — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ.…
Firings at Delhi Courts – Preserving the sanctity of a court as a space where justice is administered and the rule of law upheld being non-negotiable, it is critical that judicial institutions take comprehensive steps to safeguard the well-being of all stakeholders
SUPREME COURT OF INDIA DIVISION BENCH PRADYUMAN BISHT — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta, JJ. ) Writ…
Right to Education Act, 2009 – Section 23(1) – Appointment to Post of Primary School Teachers – Decision of the National Council for Teacher Education (NCTE) to include B.Ed. as a qualification for teachers in a primary school seems arbitrary, unreasonable and in fact has no nexus with the object sought to be achieved by the Act i.e. Right to Education Act, which is to give to children not only free and compulsory but also ‘quality’ education
SUPREME COURT OF INDIA DIVISION BENCH DEVESH SHARMA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Aniruddha Bose and Sudhanshu Dhulia, JJ. ) Civil Appeal…
Complaint to SDM — Held, no case is made out to put the appellant to trial for the alleged offence — No defamation as such — Exception 8 to Section 499 clearly indicates that it is not a defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with regard to the subject-matter of accusation.
SUPREME COURT OF INDIA Before: J.B. Pardiwala & Manoj Misra, JJ. Criminal Appeal No.2291 of 2011 Decided on: 02.08.2023 Kishore Balkrishna Nand – Appellant(s) Versus State of Maharashtra & Anr.…
Acquittal – Criminal conspiracy and dishonestly receiving stolen property – Sole connecting evidence that the recovery based on disclosure statements of accused, along with those of the other co-accused but this evidence is not sufficient to qualify as “fact … discovered” within the meaning of Section 27 of Evidence Act, 1872 – Conviction and sentence set-aside – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH MANOJ KUMAR SONI AND OTHER — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta,…
Judicial review becomes necessary where there is an illegality, irrationality or procedural impropriety. A policy decision which is totally arbitrary; contrary to the law, or a decision which has been taken without proper application of mind, or in total disregard of relevant factors is liable to be interfered with, as that also is the mandate of law and the Constitution.
SUPREME COURT OF INDIA DIVISION BENCH DEVESH SHARMA — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Aniruddha Bose and Sudhanshu Dhulia, JJ. ) Civil Appeal…
Abkari Act – Offence in question is 2003, Final report after delayed investigation was submitted in 2006, Accused-appellant was convicted in 2008, and that more than 20 years have passed since the commission of the offence – It fit to modify the sentence of the Accused-appellant to serve a period of three months – Appeal partly allowed.
SUPREME COURT OF INDIA DIVISION BENCH SATHYAN — Appellant Vs. STATE OF KERALA — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ. ) Criminal Appeal No. 2363…
No Constitutional Court can issue a writ of mandamus to a legislature to enact a law on a particular subject in a particular manner – Court may, at the highest, record its opinion or recommendation on the necessity of either amending the existing law or coming out with a new law.
SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. K. PUSHPAVANAM AND OTHERS — Respondent ( Before : Abhay S. Oka and Sanjay Karol, JJ.…