Donee Not Required To Examine Attesting Witness If There Is No Specific Denial Of Execution Of Gift: SC [Read Judgment]

'Specific denial of execution of gift is an unambiguous and categorical statement that the donor did not execute the document.'

'Third Child' Disqualification: SC To Hear U'khand Govt Plea Challenging HC's Reading Down Of Statutory Provision

In so far as it is made applicable to that class of people, who already have three children or more, the legislation would, undoubtedly, be manifestly arbitrary, the High Court had held.

Breaking : Police Cannot Attach Immovable Property Under Sec.102 CrPC During Investigation, Declares SC [Read Judgment]

The Supreme Court has held that police does not have the power to attach immovable property during investigation under Section 102 of the Code of Criminal Procedure.The judgment was delivered by the bench comprising CJI Ranjan Gogoi, Justices Deepak Gupta and Sanjiv Khanna. However, police does have authority to freeze moveable properties of the accused, clarified the bench.Section 102(1)...

Crucial Date For Deciding Bonafide Requirement Of Landlord Is The Date Of Application For Eviction: SC [Read Judgment]

"If as on the date of filing the petition the requirement subsists and it is proved, the same would be sufficient irrespective of the time lapse in the judicial process coming to an end."

Section 34 Arbitration Act- Additional Evidence Can Be Adduced Only In Exceptional Cases: SC [Read Judgment]

"The proceedings under Section 34 of the Act are summary proceedings and is not in the nature of a regular suit."

[Ayodhya Hearing] [Day 29] : Mere Belief That Lord Ram Was Born At The Site Will Not Confer It Juristic Personality, Argues Dhavan

On day 29 of the Ayodhya hearing Senior Advocate Rajeev Dhavan resumed his arguments on the Juristic personality of the Janmasthan. He urged the bench that there must be an objective manifestation of a belief to confer the status of a juristic person to that belief. "At what point does a belief translate into something objective and when does that objective form transform into a...

Breaking : Chief Judicial Magistrates Competent To Entertain Applications U/s 14 SARFAESI Act: SC [Read Judgment]

Section 14 , stricto sensu, cannot be construed as being inconsistent with the provisions of the Code of Criminal Procedure or vice­versa.

Section 138 NI Act: Legal Heirs Of Deceased Convict Can Challenge Conviction: SC [Read Judgment]

"The legal heirs, in such a case, are neither liable to pay the fine or to undergo imprisonment. However, they have a right to challenge the conviction of their predecessor only for the purpose that he was not guilty of any offence."

Supreme Court Weekly Round Up

Non Recovery Of Weapon Of Assault Not Always Fatal To Prosecution Case [Prabhash Kumar Singh vs. State of Bihar] The Supreme Court held that a prosecution case cannot be disbelieved merely because the weapon of assault or the bullet was not recovered. The main contention in the appeal before the Supreme Court against concurrent conviction of the accused in a murder case was that...

Maradu Flats Demolition : Kerala Chief Secretary Will Be Held Personally Liable For Violations, Warns SC [Read Order]

(Updated with order)While hearing the matter relating to demolition of apartments in Maradu, Kochi, the Supreme Court on Monday orally warned the Chief Secretary to the Kerala Government that he will be held personally liable if unauthorized constructions have taken place in restricted zones under CRZ notification.Tom Jose, the Chief Secretary, was personally present before the bench of...

Justice Kureshi : SC To Keep GHCAA Petition Pending Till Centre Issues Notification On Collegium Proposal

The Supreme Court on Monday accepted the submission made by Senior Advocate Aravind Datar to keep the petition filed by Gujarat High Court Advocates Association pending till the Centre notifies Justice Kureshi's appointment."We accept Sr Adv Arvind Datar's submission to keep the matter pending", the CJI-led bench said, while directing the Registry to list the matter after Centre...

SC At Highest Strength Ever: Justices Krishan Murari, Ravindra Bhat, Ramasubramanian & Hrishikesh Roy Sworn In

Justices Krishna Murari, S Ravindra Bhat, V Ramasubramanian and Hrishikesh Roy took oath as judges of Supreme Court on Monday. CJI Ranjan Gogoi administered oath to the new judges, whose appointments were notified by the Centre on September 18. With their swearing in, the SC has the all time high strength of 34 judges (including CJI).Two additional court rooms - Court Room Nos.15 and 16 -...