Know the Law
Revenue Court Cannot Declare Registered Sale Deed Void Even If Executed In Violation Of Statutory Provisions: Chhattisgarh High Court
The Chhattisgarh High Court has held that even where a registered sale deed is alleged to have been executed in violation of statutory provisions governing transfer of land, a Revenue Court has no jurisdiction to declare the sale deed null and void. The Court observed that the power to adjudicate upon the validity and cancellation of a registered sale deed vests exclusively in the Civil...
S. 38 BNSS | Advocate Of Accused Cannot Remain Present Throughout Police Interrogation : Supreme Court
Clarifying the scope of Section 38 of Bharatiya Nagarik Suraksha Sanhita, 2023, the Supreme Court on Monday (July 27) held that the provision entitles an arrested person to meet an advocate of choice during interrogation but does not contemplate continuous physical presence throughout the interrogation. “A plain reading of the provision makes it clear that the right guaranteed thereunder...
Bombay High Court Quashes Mutation Of Wakf Properties As Enemy Property, Says Due Process Is Mandatory
The Bombay High Court has quashed communications directing mutation of certain Wakf properties as "enemy property" in the name of the Custodian, holding that such action cannot be taken without first determining the jurisdictional facts through an inquiry and affording the affected parties an opportunity of hearing. The Court further held that Section 22A of the Enemy Property Act, 1968 cannot...
Know The Law | Factors To Be Considered While Sentencing A Convict? Supreme Court Explains
The Supreme Court laid down the set of principles which must necessarily guide the decision on sentencing. A bench of Justice Sanjay Karol and Justice Augustine George Masih laid down the following aspects which must be considered while deciding on sentencing: “(a) Be in accordance with the nature and gravity of the crime; (b) Adequately protect the interest of the society; (c) Take...
How Juvenile Justice Boards Should Conduct Preliminary Assessment Under S.15? Supreme Court Issues Guidelines
The Supreme Court has issued guidelines as to what factors should be considered by the Juvenile Justice Board while conducting preliminary assessment under Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015. A bench of Justice JB Pardiwala and Justice Ujjal Bhuyan issued these guidelines while dismissing an appeal challenging the Patna High Court's ruling which...
Can Wife Be Denied Half Share In Jointly Purchased Property Because Husband Paid Entire Consideration? Kerala High Court Answers
The Kerala High Court has held that the property, purchased under the joint names of both spouses cannot be claimed by the husband alone by claiming that he paid the entire amount, unless theres is evidence to show that the property was held on trust or that the property was fraudulently purchased in the name of one spouse. [2026 LiveLaw (Ker) 391]The Division Bench of Dr. Justice...
Can Banks Refuse Education Loan To Student Due To Parent's Low Credit Score? Kerala High Court Answers
The Kerala High Court has ruled that banks can refuse education loan to students if their parent, who signs the loan as a co-borrower, has a poor credit score. [2026 LiveLaw (Ker) 387]Justice M.A. Abdul Hakhim dismissed a batch of petitions filed by students challenging the banks' refusal to grant them educational loan.The petitioners argued that denial of loan to them on the basis of...
How Can Dead Witness's Testimony Be Used Against Accused Who Absconded? Supreme Court Explains S.299 CrPC
The Supreme Court has clarified that the earlier testimony of a witness who has since died can be used against an accused who had absconded during the original trial, provided the conditions under Section 299 of the Code of Criminal Procedure, 1973 (CrPC) are satisfied.A Bench of Justice Sanjay Karol and Justice Vipul M. Pancholi held that Section 299 CrPC is an exception to the general rule...
Know The Law | When Can High Courts Grant Relief Under Article 226 Beyond Pleadings? Supreme Court Explains
The Supreme Court recently clarified that although High Courts are ordinarily expected to remain confined to the pleadings and reliefs sought by parties, the rule is flexible while exercising jurisdiction under Article 226 of the Constitution. In exceptional cases, where the record clearly establishes a legal entitlement and denying relief on technical grounds would perpetuate injustice,...
Sonam Wangchuk Protest : Law On Hunger Strikes & Judicial Approach
On the 20th day of the hunger strike over exam paper leaks, Ladakhi activist Sonam Wangchuk was forcefully shifted by the Delhi Police from the Jantar Mantar protest site to a hospital. The Police fell back on a Delhi High Court order, which directed the authorities to monitor Wangchuk's health and adopt necessary medical interventions clinically, to justify its action. India is not new...