Know the Law
30 Feminist Judgments Of 2020
Orders Defending Women Rights 1. Daughters Have Coparcenary Rights Even If Their Father Was Not Alive When Hindu Succession (Amendment) Act, 2005 Came Into Force: SC The Supreme Court held that a daughter will have a share after Hindu Succession (Amendment) Act, 2005, irrespective of whether her father was alive or not at the time of the amendment. A bench comprising of...
References Answered And Made By Supreme Court In 2020
In the COVID-19 affected 2020, where the Supreme Court was functioning in virtual mode throughout except for the first three months of the year, several substantial points of law were settled by answering long pending references.Also, some new points of public importance were referred to larger bench. Here is a look at some of such important judgments(in no particular order).1. Judicial...
What Is Attorney-Client Privilege?
There are very few elements of the law as holy and sacred as Attorney-client privilege. Attorney-client privilege or lawyer-client privilege is the common law concept that makes all communications between a lawyer and their client confidential, and such confidentiality is protected by law. "Privileged professional communication" is the immunity accorded to the communication between...
Supreme Court Constitution Bench Judgments Of 2020
There were 11 Constitution Bench judgments/orders of the Supreme Court in 2020. Due to the advent of Covid-19 pandemic, many of the hearings took place through video conferencing mode. Anticipatory Bail Cannot Be Limited To A Fixed Period Except In Special And Peculiar Circumstances[Sushila Aggarwal And Others V/S State (NCT Of Delhi)]The Supreme Court held that anticipatory bail should...
Petition U/s 482 CrPC Filed By A Person Unconnected With Proceedings Cannot Be Ordinarily Entertained By High Court: Supreme Court
An application under Section 482 of the Code of Criminal Procedure filed by a person who is in no way connected with the criminal proceeding or criminal trial cannot ordinarily be entertained by the High Court, the Supreme Court has observed.In this case, Sanjai Tewari was accused of various offences under Indian Penal Code and Prevention of Corruption Act. Allowing an application filed by...
Expression 'Existence Of Arbitration Agreement' In Section 11 Of Arbitration Act Includes Aspect Of Validity Of Agreement : Supreme Court
The Supreme Court has held that the expression 'existence of arbitration agreement' in Section 11 of the Arbitration Act would include the aspect of validity of arbitration agreement.A three-judge bench of the Court also explained that at the stages of Sections 8 and 11 of the Act, the Courts should undertake a prima facie examination of the validity of the arbitration agreement."Existence and...
Landlord-Tenant Disputes Under Transfer Of Property Act Arbitrable Except When Covered By Rent Control Laws : Supreme Court
The judgment on arbitration law decides several issues such as tests for arbitrability, who determines arbitrability, scope of enquiry under Sections 8/11, meaning of 'existence of arbitration agreement' etc.
Charge Under Section 149 IPC Can Be Altered To Section 34 IPC If Common Intention Among Accused Is Proved : Supreme Court
The Supreme Court has held that it is permissible to alter a charge under Section 149 of the Indian Penal Code(IPC) to a charge under Section 34 IPC if the facts prove that the crime has been committed in furtherance of a common intention.Section 149 IPC provides for vicarious liability of members of an unlawful assembly for the crime committed by any member of the assembly in furtherance of...
Acceptance Of Gift Can Be Inferred By Implied Conduct Of Donee: Supreme Court
The Supreme Court has observed that acceptance of a gift can be inferred by the implied conduct of the donee.Such inference can be ascertained from the surrounding circumstances such as taking into possession the property by the donee or by being in the possession of the gift deed itself, the bench comprising Justices NV Ramana, S. Abdul Nazeer and Surya Kant observed.In this case,...