Supreme court
Presumption That Husband Is Father Of Child Born During Marriage Not Displaced Even If Wife Had Relations With Another Man : Supreme Court
The Supreme Court today (January 28) reaffirmed that a child's legitimacy determines paternity, emphasizing that a child born during a valid marriage is presumed to be the legitimate offspring of parents who had access to each other at the time of conception. The Court dismissed the argument that legitimacy and paternity are distinct concepts requiring separate determination. It held...
Groom Refuses To Cooperate With Wedding Reception Over Gold Demand; Supreme Court Upholds Conviction Under S.498A & Dowry Law
The Supreme Court upheld the conviction of a man under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act who refused to cooperate with the wedding reception function since the bride's family did not accept his demand for 100 sovereigns of gold as dowry.The case arose from a marriage which lasted only for three days.After the engagement ceremony held in 2006,...
In Cases Without Test Identification, Witness Identifying Accused For First Time During Trial After Many Years Raises Doubts : Supreme Court
The Supreme Court recently acquitted an individual accused of kidnapping a girl because the prosecution failed to conduct the test identification parade (“TIP”). The bench comprising Justices BR Gavai and AG Masih was hearing the case where no TIP was conducted and the witness had identified the accused for the first time after a substantial gap of eight years. The accused was...
Arbitration Act | Appellate Courts Can't Reassess Awards, Must Limit Enquiry On Public Policy Breach : Supreme Court
The Supreme Court reaffirmed that arbitral awards should only be interfered with in cases of perversity, violation of public policy, or patent illegality. It emphasized that appellate courts cannot reassess the merits of awards and must limit their inquiry to whether the award breaches Section 34(2)(b)(ii) of the Arbitration Act i.e., if the award is against the public policy of India.The...
No PUC Certificate, Registration Of Transfer & Other Services For Vehicles Without High-Security Registration Plates In NCR : Supreme Court
The Supreme Court on Monday directed all National Capital Region (NCR) states to enforce compliance with the High Security Registration Plates (HSRP) Order, 2018 and color-coded stickers on vehicles for identifying fuel types. A bench of Justice Abhay Oka and Justice Ujjal Bhuyan directed that NCR states must not undertake certain vehicle-related activities unless the vehicles conform...
'Expected Of High Court To Muster Courage' : Supreme Court Criticises Allahabad HC Over Denial Of Bail In Conversion Case
The Supreme Court today (January 27) castigated the Allahabad High Court for not showing the "courage" to grant bail in a case for unlawful religious conversion. The Court went to the extent of saying that the refusal to grant bail in a case like the present one gave the impression that "altogether different considerations weighed with the presiding officer ignoring the well settled principles...
No Absolute Right To Choose Place Of Burial; State Has Duty To Provide All Religious Communities Places For Last Rites: Justice SC Sharma
Today, the Supreme Court delivered a split verdict on the plea of a Christian man from Chhattisgarh to bury the dead body of his father, a pastor, either in the burial ground of their native village Chindwara or in their private agricultural land. While Justice B.V. Nagarathna allowed the appellant to bury his father in his private agricultural property, Justice Satish Chandra Sharma held...
Police Shouldn't Serve S.41A CrPC/S.35 BNSS Notice Through WhatsApp Or Electronic Means: Supreme Court
The Supreme Court has directed that police should not serve notice for appearance to the accused/suspect as per Section 41A of the Code of Criminal Procedure (Section 35 of the Bharatiya Nagarik Suraksha Sanhita) through WhatsApp or other electronic modes.The Court made it amply clear that the service of notice through WhatsApp or other electronic modes cannot be considered or recognised as...
Unfair To Classify Carpenter As Unskilled Worker; Carpentry Is Skilled Job : Supreme Court
A carpenter cannot be regarded as an unskilled worker, observed the Supreme Court while deciding an appeal to enhance motor accident compensation.The case was regarding the claim made by a carpenter who lost his right hand following a motor vehicle accident in 2014. Since there was no documentary evidence regarding his income, the Court said that it has to rely upon the minimum wages notified...
When Scope Of Appeal Is Limited To Delay Condonation, Merits Of Matter Can't Be Considered : Supreme Court
The Supreme Court (recently on January 22) observed that when the scope of an appeal before the High Court is limited to condonation of delay, it should not touch upon the merits of a matter. Elaborating, the Court said that once the delay is condoned, the case's merits can be examined by the appellate tribunal.“This we say so because the scope of the appeal before the High Court was limited...
Maharashtra Stamp Act | Limitation Period For Refund Starts From Execution Of Cancellation Deed, Not Its Registration: Supreme Court
Observing that the right to claim a refund of stamp duty originates from the date of execution of the cancellation deed, the Supreme Court on Friday (January 24) directed the refund of stamp duty to flat owners whose claim had been rejected on limitation grounds. The bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta was hearing the case relating to the refund of the...