S. 58(c) TPA | Mere Possession Of Property By Mortgagor Wouldn't Make 'Mortgage By Conditional Sale' A 'Simple Mortgage' : Supreme Court

The Supreme Court observed that allowing a mortgagor to stay in possession does not make the transaction a 'simple mortgage' if the deed specifies that the mortgagor's default in redeeming the property within the stipulated time would lead to transfer of the mortgage property to the mortgagee under 'mortgage by conditional sale' as per Section 58(c) of the Transfer of Property Act,...

Hindu Succession Act | Supreme Court Refers To Larger Bench Conflicting Opinions On Female Hindu's Rights Under S.14

The Supreme Court on Monday (Dec. 9) highlighted the inconsistencies and conflicting interpretations surrounding the interplay between Sections 14(1) and 14(2) of the Hindu Succession Act, 1956 (“HSA”) which deals with the rights of Hindu females in property inherited or possessed by them.The bench comprising Justice PS Narasimha and Justice Sandeep Mehta dealt with the...

Marumakkathayam Law | Property Obtained By Hindu Woman Post-Partition Without Legal Heir Would Be Her Separate Property & Not Joint Property : Supreme Court

The Supreme Court, in an appeal concerning property devolution under Kerala's traditional Marumakkathayam law, ruled that property acquired by a woman and her children post-partition does not become their separate property but remains part of the tharwad (joint property). The bench comprising Justice CT Ravikumar and Justice Sanjay Karol held so while deciding a question of “whether...

S. 14 HSA | Hindu Woman Can Claim Absolute Ownership Of Property Possessed Under Her Antecedent Maintenance Right: Supreme Court

The Supreme Court observed that a Hindu woman can claim absolute ownership if the property is tied to her antecedent maintenance right.The bench comprising Justice CT Ravikumar and Justice Sanjay Karol observed that under Section 14(1) of the Hindu Succession Act, 1956 ("HSA"), for a possessory right to be transformed into full ownership, it must be established that the Hindu woman holds...

Hindu Succession Act | Life Interest Given To Woman Will Not Transform Into Absolute Ownership As Per Section 14 : Supreme Court

The Supreme Court held that when a Hindu woman is given only a restricted estate in property, then she cannot claim to be the absolute owner of the property due to the application of Section 14(2) of the Hindu Succession Act 1956.Hence, such a property cannot be bequeathed through a Will.The property possessed by a Hindu woman will transform into absolute ownership by virtue of Section 14(1)...

Holder Of LMV Driving License Doesn't Need Separate Authorisation To Drive Transport Vehicle Weighing Less Than 7500 KG : Supreme Court

The Supreme Court today (November 6) held that a person holding a driving license for a light motor vehicle(LMV) can, without any specific endorsement, drive a transport vehicle having an unladen weight of less than 7500 kg.If the gross weight of the vehicle is within 7500 kg, the driver with an LMV license can drive such a transport vehicle. The 5-judge Constitution Bench noted that no...

Supreme Court Directs State Governments To Implement S. 136A Motor Vehicles Act For Electronic Monitoring Of Road Safety

The Supreme Court today (September 2) directed all state governments to take immediate steps to implement Section 136A of the Motor Vehicles Act, 1988, which pertains to the electronic monitoring and enforcement of road safety. The Court also directed all state governments to ensure compliance Rule 167A(A) of Central Motor Vehicle Rules by issuing challans on the basis of footage from...

Consumer Protection Act - Dominant Purpose To Be Looked Into To Ascertain Whether Transaction Was Commercial: Supreme Court

While dealing with the issue whether a real estate company that purchased a flat for the personal use of its Director is a "consumer" under Section 2(7) of the Consumer Protection Act, the Supreme Court recently reiterated that deciding the intended use of the purchased goods (personal or commercial) would depend on the facts and circumstances of each case."It is the dominant intention of...

Husband Convicted For Causing Dowry Death Cannot Inherit Deceased Wife's Property Under Hindu Succession Act: Bombay High Court

A husband convicted for causing the dowry death of his wife stands disqualified from inheriting the property of the deceased wife as provided under Section 25 of the Hindu Succession Act, the Bombay High Court held recently.Single-judge Justice Nijamoodin Jamadar rejected the argument of the Testamentary Department which opined that a person convicted for causing dowry death (under section...

Biological Siblings Can't Claim Heirship Of Adopted Child; Adoption Severs Ties With Biological Family: Madras High Court

The Madras High Court has recently observed that when a child is adopted, all ties of the child with his or her biological family is deemed to be severed and replaced by those created by the adoption in the adoptive family. Justice GK Ilanthiraiyan thus noted that the biological family of the adopted child cannot be called the legal heirs of the adopted child and have a claim...

Hindu Succession Act | Hindu Woman Can Claim Full Ownership Of Property Under S.14(1) Only If She Possesses It : Supreme Court

The Supreme Court held that for a female Hindu to claim absolute ownership of an undivided property of a Hindu Undivided Family(HUF), she should have been in possession of the property.The bench comprising Justices BR Gavai and Sandeep Mehta, after referring to the statutory scheme and precedents, observed :“It is clear that for establishing full ownership on the undivided joint family...

Services Rendered By Advocates Come Under Contract Of Personal Service: Supreme Court

The Supreme Court (today on May 14) held that the Services rendered by an advocate would come under the “a contract of personal service” as opposed to a “contract for service”. In layman terms, 'a contract of personal service' relates to an arrangement where an individual is hired for rendering his/ her services. However, in the case of “contract for service” the services...