Supreme court
'Right To Access Justice Not Absolute' : Supreme Court Imposes Rs 1 Lakh Cost On Litigant For Multiple Frivolous Cases
The Supreme Court recently imposed a heavy cost of Rs.1,00,000 on the petitioner, who over the span of more than 11 years filed frivolous litigants and indulged in forum shopping more than 10 times including before the High Court of Bombay and the Supreme Court.A bench of Justices J.K. Maheshwari and Rajesh Bindal while upholding the right of the litigants to access the courts as the...
Propounder Taking Prominent Part In Will's Execution & Getting Substantial Benefit Raises Suspicions, Must Be Dispelled: Supreme Court
The Supreme Court ruled that a propounder who substantially benefits from a Will and participates in its execution raises suspicion, which must be dispelled with clear evidence. The propounder is expected to testify about the proper execution, the presence of attesting witnesses, and other key details. The Court further held that under Section 68 of the Indian Evidence Act, 1872, presenting...
Supreme Court Annual Digest 2024 - Constitution Of India
Constitution of IndiaArticle 8 - The Court clarified that when a person acquires a foreign citizenship, the cessation of Indian citizenship happens by operation of law by virtue of Section 9 of the Citizenship Act. Hence, such cessation of citizenship cannot be regarded as voluntary. Therefore, children of such persons cannot seek to resume Indian citizenship under Section 8(2) of the...
Know The Law | Why Supreme Court Frowned Upon Preferential Allotment Of Public Lands To Legislators, Civil Servants, Judges, Professionals Etc
The Supreme Court in its recent decision in State of Andhra Pradesh v. Dr Rao VBJ Chelikani , while quashing the preferential allotment of lands to the housing societies of MPs, MLAs, civil servants, Judges, defence personnel, journalists etc, dissected the important parameters in determining arbitrariness in legal challenges under Article 14. Here is a breakdown of CJI Sanjiv Khanna's...
Supreme Court Calls For Uniform Limitation Periods Across Statutes, Greater Flexibility To Courts For Condoning Delays
The Supreme Court in a judgment authored by Justice Pankaj Mithal called for legislative reforms to ensure uniform limitation periods across statutes, enabling courts to condone delays beyond rigid limits in cases where sufficient cause is shown.“In my personal opinion, the statutes ought not to provide different period of limitation for instituting suit, preferring appeal and making...
'Reasonable Doubt' In Criminal Case Not Merely Possible Doubt But Fair Doubt Based On Common Sense & Reason : Supreme Court
The Supreme Court (recently on January 09) reiterated that 'reasonable doubt' necessitates that doubt must be free from speculation. It explained that such doubt does not require 'minute emotional detailing'. However, it must be actual, substantial, based upon a reason and not an imaginary, trivial or merely possible doubt.“It will be relevant to discuss, at this juncture, what is meant...
S. 80 CPC | Amendments To Plaint Linked To Main Cause Of Action Constitutes Continuous Of Action, No Notice Required To Government : Supreme Court
The Supreme Court observed that when an application seeking an amendment to plaint is filed due to subsequent developments intrinsically linked to the main cause of action, it constitutes a continuous cause of action, and no notice to the government is required under Section 80 of the Code of Civil Procedure, 1908 (CPC). The primary issue for consideration before the Court was whether a...
Though Normally Employers Insist On Experience Gained Post-Qualification, There Could Be Exceptions : Supreme Court
The Supreme Court observed that though employers normally insist on the experience gained after obtaining a particular qualification, there could be exceptions as well."Although, normally, experience gained after acquiring a particular qualification could justifiably be insisted upon by the employer, there could be exceptions," the Court observed.The observation was made while allowing...
Non-Recovery Of Crime Weapon Not Fatal To Prosecution Case If There Are Direct Reliable Witnesses : Supreme Court
The Supreme Court, in its judgment dated January 10, reiterated that the non-recovery of the weapon of crime is not fatal to the prosecution case, if there are direct reliable witnesses.Reliance was placed on Rakesh v. State of U.P., wherein the Court had previously held that for convicting an accused, recovery of the weapon used in the commission of an offence is not a sine qua non.The...
Supreme Court Flags Stringent Limitation Provisions Curtailing Arbitration Appeal Remedies, Urges Parliament To Address Issue
The Supreme Court raised concerns about the interpretation of limitation statutes in arbitration cases and observed that the rigid application of the law could curtail the limited remedy available under Section 34 of the Arbitration and Conciliation Act, 1996 to challenge arbitral awards.“In our view, the above construction of limitation statutes is quite stringent and unduly curtails a...
Convict Given Benefit Of Probation Won't Suffer Any Disqualification Due To Conviction : Supreme Court
The Supreme Court recently held that when a Court confirms a conviction but extends the benefit of probation on grounds of good conduct, it cannot deny the consequential benefit which is the removal of disqualification, if any, attached to the conviction. In the present case, the conviction was under Sections 399 and 402 of the Indian Penal Code, 1806 (IPC) along with Sections 3/25 and 4/25...