Supreme Court Upholds Tribal Woman's Inheritance Rights; Urges Parliament To Extend Hindu Succession Act To Scheduled Tribes

The Supreme Court today (Dec. 19) again urged the Parliament to look into pathways to secure the right of survivorship to female Tribals by making necessary amendments to the Hindu Succession Act, 1956 (“HSA”). The Court referred to the Kamla Neti v. LAO (2023) judgment where it was noted that “it is high time for the Central Government to look into the matter and if required, to amend...

'Blot On Constitutional Spirit' : Supreme Court Aghast At Attack & Disrobing Of Woman Over Witchcraft Allegations

The Supreme Court today expressed its shock at a case where a woman was physically abused and disrobed in public over allegations of witchcraft . "The reality that such acts are still a part of 21st century life is a fact that has shaken the conscience of this Court," the Court said.A bench comprising Justice CT Ravikumar and Justice Sanjay Karol was hearing a petition challenging the Patna...

While Acquitting, Court Cannot Order Re-Investigation Against Acquitted Accused For Same Offence : Supreme Court

The Supreme Court today (Dec. 19) ruled that a Court, while acquitting the accused, cannot order that he must be subjected to re-investigation for the same offence. The Court set aside the Madras High Court decision which directed a de-novo investigation against the accused for offences in which he was already acquitted, stating that it would amount to a violation of the double...

Eviction Proceedings Of Unauthorized Occupants Of 'Public Premises' Should Be Conducted Under Statutory Provisions : Supreme Court

The Supreme Court observed that the eviction proceedings of unauthorized occupants of 'public premises' ought to be carried out under the statutory provisions. The Court added that the eviction proceedings initiated under the statute must continue without any interference unless the proceedings violate principles of natural justice. The bench comprising Justices Dipankar Datta and...

Subsequent Change Of Law By Itself Not A Ground To Reverse Acquittal : Supreme Court

The Supreme Court recently ruled that a delay condonation application with an appeal against an acquittal cannot be allowed because the prosecution's case is supported by a subsequent change of law. According to the court, a change of law would not justify re-opening a case that has already been decided."Change of law by itself cannot be a ground for finding fault with the acquittal...

When Defendant Can Be Asked To Begin Evidence In Suit? Supreme Court Explains Order XVIII Rule 1 CPC

In a recent judgment, the Supreme Court explained the circumstances under which a defendant gets the right to begin in a suit hearing as per Order XVIII Rule 1 of the Civil Procedure Code.As per the CPC, the plaintiff has the right to begin. However, if the defendant admits the facts alleged by the plaintiff and argues that plaintiff is no entitled to relief due to certain additional fact or...

Coconut Oil Classifiable As 'Edible Oil' For Central Excise Tariff; If Sold As Cosmetic, Taxable As 'Hair Oil' : Supreme Court

The Supreme Court has held that pure coconut oil, packaged and sold in small quantities ranging from 5 ml to 2 litres, would be classifiable as 'Edible oil' for the purposes of the Central Excise Tariff Act, 1985. It will be classifiable as "hair oil" if it is packaged and sold as a cosmetic."we are of the opinion that pure coconut oil sold in small quantities as 'edible oil' would...

Writ Court Cannot Make Out A Third Case, Not Pleaded By Parties, Based On Arguments Made During Hearing : Supreme Court

The Supreme Court today (Dec. 18) observed that the findings of the Writ Courts should be based on the case pleaded and evidence adduced by the parties. “Based on the aforesaid authorities, we hold that while deciding a writ petition on the basis of affidavits, the writ court's enquiry ought to be restricted to the case pleaded by the parties and the evidence that they have placed on record...

UP Amendment To S.106 TP Act Inoperative After Parliamentary Amendment Of 2003 : Supreme Court

The Supreme Court has held that if the Parliament amends a law which is on a subject in the Concurrent List, then an earlier State amendment to the same provision would become inoperative.Holding so, the Court held that the Uttar Pradesh amendment to Section 106 of the Transfer of Property Act, 1882, which was carried out in 1954, would become inoperative after the Parliament amended Section...

S. 33 Arbitration Act | Clarification On Award Can Be Issued Even After Arbitral Tribunal Becomes Functus Officio : Supreme Court

The Supreme Court observed that although the Arbitral Tribunal becomes functus officio after passing an award, it would still retain the limited jurisdiction to clarify or correct errors in an award under Section 33 of the Arbitration and Conciliation Act, 1996 (Arbitration Act). The bench comprising Justices Abhay S. Oka and Ujjal Bhuyan dismissed the appeal filed against the Delhi High...

No Trade License Or Loans For Illegal Buildings; Officers Liable For Wrong Completion Certificates: Supreme Court Issues Directions

The Supreme Court has issued a set of guidelines to curb unauthorised constructions. The Court said that these directions are in addition to the directions issued in an earlier case regarding the demolition of structures.The bench comprising Justices JB Pardiwala and R. Mahadevan directed that it would be mandatory for the builder to display the approved plan during the period of...

Supreme Court Issues Directions To Protect 'Sacred Groves', Lauds Rajasthan's Piplantri Village Initiative To Plant 111 Trees For Every Girl Child Born

While pronouncing judgment on an application in the TN Godavarman case, the Supreme Court today lauded Rajasthan's Piplantri village for its initiative to plant 111 trees for every girl child born.A bench of Justices BR Gavai, SVN Bhatti and Sandeep Mehta, conveying its appreciation for the initiative, which was led by the village's "visionary" Sarpanch Shyam Sunder Paliwal, said,"This...