Supreme court
Written Statement Filed In Commercial Suit During COVID Limitation Extension Period Cannot Be Rejected For Delay : Supreme Court
The Supreme Court on Wednesday (October 8) reiterated that the Written Statement filed belatedly in a commercial suit after the mandatory period of 120 days cannot be rejected when it was filed during COVID-19, as the delay fell entirely within the COVID-19 limitation extension ordered by the Supreme Court in In Re: Cognizance for Extension of Limitation. A bench of Justice Aravind Kumar...
'Shocking State Of Affairs' : Supreme Court Expresses Dismay Over Delayed Trials In Maharashtra Courts
The Supreme Court, on October 7, expressed dismay over the shocking state of affairs in the conduct of trials before different Courts in the State of Maharashtra. It was observed that as many as 649 cases are pending across all District Courts in Maharashtra, in which charges are yet to be framed. Some of these cases date back to the year 2006, and the reason for the delay is mostly attributed...
Motor Accident Claims | Fake License By Driver Doesn't Absolve Insurer Unless Vehicle Owner Knowingly Allowed Breach : Supreme Court
In a relief to a vehicle owner, the Supreme Court on Wednesday (October 8) observed that the insurance company cannot recover the compensation amount from the vehicle owner merely because the driver was found to be using a fake license. A bench of Justices K Vinod Chandran and NV Anjaria said that a vehicle owner is not expected to verify the credentials of the driver's license from the...
Supreme Court Acquits Man Convicted For Murdering Mother, Says Suicide Can't Be Ruled Out
The Supreme Court on Wednesday (October 8) acquitted a man who was convicted for a murder of his mother (matricide), after noting that the entire case rests upon the circumstantial evidence and the prosecution failed to prove the guilt beyond a reasonable doubt. A bench of Justices KV Viswanathan and K Vinod Chandran found that the appellant-accused was falsely implicated as the...
Criminal Court Cannot Review Or Recall Its Judgment Except To Correct Clerical Errors : Supreme Court
The Supreme Court reiterated that a High Court exercising criminal jurisdiction cannot recall or review its own judicial order under the guise of inherent powers, except to correct a purely clerical or accidental error. Setting aside the Rajasthan High Court's direction transferring investigation to the CBI in a mining-related dispute, the Court held that the recall of an earlier order...
Supreme Court Explains Essentials Of Oral Gift Under Mohammedan Law
The Supreme Court has reiterated the three essential conditions required for a valid oral gift (hiba) under Mohammedan Law : (i) a clear declaration of the donor's intention to give, (ii) acceptance of the gift by the donee, and (iii) delivery of possession of the subject matter, either actually or constructively.The Court clarified that no written instrument is necessary for a valid oral...
Right To Seek Arbitration Not Lost Just Because Arbitration Clause Became Inoperable Due To Statutory Amendment: Supreme Court
The Supreme Court held that the invalidity or inoperability of an arbitration clause, such as one naming an ineligible arbitrator under Section 12(5) of the Arbitration and Conciliation Act, 1996, does not nullify the underlying arbitration agreement between the parties. The Court clarified that in such cases, the Court is empowered to step in and appoint a neutral arbitrator under Section...
Minor Can Repudiate Guardian's Voidable Sale Through Conduct After Attaining Majority, Not Necessary To File Suit : Supreme Court
The Supreme Court ruled that a minor, upon attaining majority, can repudiate a voidable sale made by their guardian not only by filing a suit but also through unequivocal conduct, such as selling the property to a third party. “it can safely be concluded that a voidable transaction executed by the guardian of the minor can be repudiated and ignored by the minor within time on...
