Mere Exclusion Of Sibling From Will Not A Ground To Suspect Its Genuineness : Supreme Court

While dealing with the validity of a Will, the Supreme Court observed that a mere exclusion of a sibling per se from the Will would not create a suspicion against it, unless it is surrounded by other suspicious circumstances.The Court stated that a testamentary court is not a "court of suspicion" but a "court of conscience" that has to consider relevant materials instead of adopting...

Civil Court Lacks Jurisdiction To Entertain A Suit Structured On Provisions Of Industrial Disputes Act: Supreme Court

The Supreme Court observed that a civil court lacks jurisdiction to entertain a suit structured on the provisions of the Industrial Disputes Act.In this case, the plaintiff, who was a daily wage employee under the Himachal Pradesh State Electricity Board, challenged his termination by filing a suit before a civil court. The suit was decreed ordering reinstatement of the plaintiff with back...

Conviction Or Acquittal Cannot Be Set Aside Merely Because There Was A Possibility Of A Joint Or Separate Trial: Supreme Court Formulates Principles

The Supreme Court observed that a conviction or acquittal of the accused cannot be set aside on the mere ground that there was a possibility of a joint or a separate trial.To set aside the order of conviction or acquittal, it must be proved that the rights of the parties were prejudiced because of the joint or separate trial, the bench of Justices DY Chandrachud, Vikram Nath and BV...

NGT Not Merely An Adjudicatory Forum; Inquisitorial Functions Also Available With It To Protect Environment : Supreme Court

The Supreme Court has declared that the National Green Tribunal is vested with suo motu powers to cognizance on the basis of letters, representation and media reports. A Bench comprising of Justices A.M.Khanwilkar, Hrishikesh Roy and C.T.Ravikumar delivered the judgment on a batch of petitions (Municipal Corporation of Greater Mumbai v. Ankita Sinha and other and connected...

The Concept Of 'Detention' Under Section 167 (2) Cr.P.C. And Its Scope,Range And Legality – Part - I [Webinar Video And Notes]

An order by a Magistrate for the detention of a person, whether in "police custody" or "judicial custody" under Section 167 (2) Cr. P.C, pre-supposes an "arrest" of such person before such order. The 3 modes of arrest laid down in Section 46 Cr.P.C are – by physically touching the body of the person to be arrested, orby confining the body of the person to be arrested, orby the...

Pre-Deposit Of 75% Of Awarded Amount U/s 19 MSMED Act Mandatory While Preferring Application To Set Aside Arbitration Award: Supreme Court

The Supreme Court observed that the the requirement under Section 19 of the Micro, Small and Medium Enterprises Development Act of deposit of 75% of the awarded amount as a pre deposit while preferring the application/appeal for setting aside the award, is mandatory.In this case, the High Court of Uttarakhand upheld the order passed by a Additional District Judge (Commercial), Dehradun in...

Rescuing A Democracy In Retreat

This is a moment of reckoning for a nation scarred. The unspeakable tragedy in Lakhimpur Kheri has wounded the nation's sensitivity to its core. The 30-second video vividly depicting the gruesome murder of innocent citizens by a bunch of goons sheltered by 'netas' drunk on power has once again exposed the fault-lines of our politics and constitutional democracy in decline. The absolute imperative of resisting the perversion of democracy and prostitution of power must begin with an...

Supreme Court Permits Hybrid Hearing Of Batch Case Relating To Interpretation Of Prevention of Money Laundering Act

The Supreme Court has agreed to hear the batch of petitions concerned with the interpretation of the Prevention of Money Laundering Act through hybrid mode on request made by one of the Senior Counsels. A Bench headed by Justice AM Khanwilkar has granted permission for the matter to be heard in hybrid mode on request made by Senior Advocate Kapil Sibal in consideration of the large volumes...

Custody Of Child Obtained By Playing Fraud On Court Liable To Be Declared Void Ab Initio : Supreme Court

The Supreme Court has recalled an order granting custody of a child to a Kenyan citizen of Indian origin after finding that he had played fraud on the court and had approached it with "unclean hands" by suppressing material facts(Smriti Madan Kansangra v. Perry Kansangra).The Court declared its earlier order granting custody to the father who played fraud as "illegal" and "ab...

Section 138 NI Act: Complaint Cannot Be Proceeded With Once The Accused And Complainant Enter Into A Settlement Agreement: Supreme Court

The Supreme Court observed that a complaint under Section 138 of Negotiable Instruments Act cannot be proceeded with once the accused and the complainant enter into a settlement agreement.The bench headed by Justice DY Chandrachud observed that non-compliance of the terms of the settlement agreement or dishonour of cheques issued subsequent to it, would then give rise to a fresh cause of...

Khori Gaon Evictions :Supreme Court Directs Faridabad Municipal Corporation To Accept Aadhaar Card As Proof To Get 'Provisional Allotment'

The Supreme Court on Friday directed the Municipal Corporation of Faridabad to process applications accompanied with Aadhar Card to make provisional allotment of accommodation to those displaced in Khori Gaon Demolitions.The Court has allowed Aadhar Card to be submitted as a proof to avail provisional accommodation under rehabilitation scheme which will be subject to final verification. The...

CBI Not A Solution For Reasons Best Known : Supreme Court On Lakhimpur Kheri Violence Probe

While expressing dissatisfaction at the investigation being done by the Uttar Pradesh Police on the Lakhimpur Kheri violence, the Supreme Court on Friday remarked that handing over the probe to the Central Bureau of Investigation also may not be a solution, because of the persons involved.The prime accused in the case is Ashish Mishra, who happens to be son of BJP leader and Union Minister...