Supreme Court Monthly Roundup- September 2023

Judgment/OrdersMotor Accident Claims - Social Status Of Deceased To Be Considered If There's No Definite Proof Of Income: Supreme CourtCase title: Kubrabibi v. Oriental InsuranceCitation: 2023 LiveLaw (SC) 697In its judgment, the Supreme Court highlighted that when dealing with cases involving individuals employed in the unorganized sector, it is crucial to consider the notional income based...

Don't Know Why Delhi Riots Order Upset The Government, It Was The Right Thing To Do : Justice Muralidhar

Justice Muralidhar said that the Collegium sometimes strategically hold back a recommendation if they feel that the name will not get government approval.

Delhi Riots: Court Grants Bail To Shahrukh Pathan Citing Prolonged Custody But To Remain In Jail For Pointing Gun At Cop

A Delhi Court on Saturday granted bail to Shahrukh Pathan, the man who pointed a gun at a policeman during North East Delhi riots, in a case related to rioting, causing injuries to police personnel and gunshot injury sustained by one Rohit Shukla by an armed mob. (FIR 49/2020 registered at Jafrabad Police Station)Additional Sessions Judge Amitabh Rawat of Karkardooma Courts noted that Pathan...

CBI Court Convicts 3 Including Ex-High Court Registrar For Rape And Attempt To Forceful Conversion Of National Level Shooter

A CBI Court in Ranchi has convicted three, including a former High Court Registrar for attempting forceful religious conversion of a national level shooter and conspiracy to commit rape upon her after conducting her fraudulent marriage ceremony.The trio, including the shooter's alleged husband and mother-in-law from the "fraudulent marriage" were convicted on September 30 under Sections...

Theft Coverage Denied Saying Gold Wasn't Kept In 'Locked Safe' : Supreme Court Says Insurance Claim Can't Be Rejected Based On Ambiguous Term

Recently, the Supreme Court, while hearing an appeal, noted that the claim arising out of an insurance policy cannot be repudiated on the basis of a term, mentioned in the policy, which itself is ambiguous.A Division Bench, comprising Justices Hima Kohli and P.S. Narasimha, observed that the insurance policy itself does not define the word “locked safe” nor does it define what should be...

Family Law: All India Half Yearly Digest 2023

SUPREME COURTCriminal Proceedings For Dowry Demand Cannot Be Quashed Merely Because Divorce Petition Is PendingCase Title: X vs State of Uttar Pradesh Case Citation: 2023 LiveLaw (SC) 26The Supreme Court bench comprising of Justices M R Shah and C T Ravikumar observed that criminal proceedings for demand of dowry cannot be quashed merely because divorce petition is pending.'Woman Not A...

Challenges To India's Bail System: Justice Akil Kureshi and Senior Advocate Rebecca John Discuss

Former Chief Justice of Rajasthan High Court Justice Akhil Kureshi, speaking at a panel discussion titled ‘Untangling Bail Cases,’ said that the there are two main challenges to the bail cases : a. limited resources b. systematic flaws.While discussing these challenges, Justice Kureshi also spoke about the ways to improve. “We need better and more judges, good legal aid support,...

The Liver Doctor v. Himalaya Corp : Dr. Cyriac Abby Philips Moves Karnataka High Court Against Suspension Of 'X' Account

Dr Cyriac Abby Philips ('The Liver Doctor') has moved Karnataka High Court challenging the Civil Court's ex-parte interim injunction order to suspend his @X account @theliverdr.The petition was filed on Friday and is likely to be mentioned before a Single judge bench of Justice S G Pandit on Monday for early hearing. A Bengaluru Civil Court had passed an ex-parte interim injunction order to...

Husband Can Seek 'Generic Income Details' Of Estranged Wife Through RTI To Corroborate Evidence In Maintenance Case: CIC

In a recent ruling, the Central Information Commission (CIC) has directed a Central Public Information Officer (CPIO) to provide a man with the “generic details of the net taxable income/gross income” of his wife for the specified time period as contained in his RTI Application.Information Commissioner Saroj Punhani relied on Rahmat Bano vs Chief Commissioner Of Income Tax whereby a...

Karta Of Hindu Undivided Family Can Alienate HUF Property Even If Minor Has Undivided Interest In It : Supreme Court

The Supreme Court has observed that a Karta of a Hindu Undivided Family(HUF) has the right to sell/dispose of/alienate an Hindu Undivided Family (HUF) property, even if a minor of the family has undivided interest.The reason is that an HUF is capable of acting through its Karta or an adult member of the family in the management of the HUF property, explained the Court. Reference was made to...

'Contraband Recovered In Violation Of Section 50 NDPS Act Inadmissible' : Supreme Court Summarises Principles For Search Of Persons

In a landmark judgment, the Supreme Court has summarized the principles related to Sections 50 of the Narcotic Drugs and Psychotropic Substances Act, which prescrib the conditions under which search of the persons shall be conducted.A bench comprising Justices MM Sundresh and JB Pardiwala(author of the judgment) summarised the principles as follows :(i) Section 50 provides both a right as well...

Supreme Court Dismisses Plea Seeking Upper Age Limit Relaxation For J&K Civil Judge Examination

The Supreme Court on Friday (October 6) dismissed a petition seeking relaxation of the upper age limit of 35 years for the Jammu and Kashmir Civil Judge(Junior Division) Examination 2023/A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra dismissed a Special Leave Petition filed against the judgment delivered by the High Court of Jammu...