Limited Estate Given To Hindu Wife By Way Of Will Can Become Absolute Under Sec14(1) Hindu Succession Act Only If Property Was Given For Her Maintenance: Supreme Court

The Supreme Court has held that Section 14(1) of the Hindu Succession Act does not bar the bequeathing of a limited estate to a female by way of a Will; but if the limited estate is given to the wife for her maintenance, then it would mature into an absolute estate under Section 14(1) of the Act. "The objective of Section 14(1) of Hindu Succession Act, 1956 cannot be that a Hindu male who...

GATE 2022 - Supreme Court Agrees To Urgently Hear Pleas To Postpone GATE Due To COVID

In the backdrop of the ongoing third wave of the Covid19 pandemic and rise in number of cases, two writ petitions have been filed before the Supreme Court of India seeking postponement of the Graduate Aptitude Test in Engineering Exam, 2022 (GATE 2022) which is scheduled to be held on 5th, 6th, 12th and 13th of February, 2022.A Bench comprising Chief Justice of India NV Ramana, Justice AS...

Supreme Court Collegium Reiterates Names Of 2 Advocates For Elevation As Judges of Patna High Court; Proposes One More Name

The Supreme Court Collegium in its meeting held on February 1, 2022 has recommended the elevation of 3 Advocates as Judges of the Patna High Court. They are:1. Shri Khatim Reza2. Dr. Anshuman Pandey3. Shri Rajiv RoyThe Supreme Court Collegium has reiterated the aforementioned recommendations of Shri Khatim Reza and Dr. Anshuman Pandey. The Collegium vide its meeting held last year on...

Disobedience Has To Be "Wilful" To Attract Civil Contempt Action Under Order XXXIX Rule 2A CPC : Supreme Court In Future-Amazon Case

While setting aside the order of the Delhi High Court which initiated coercive steps against the Future Group companies and its promoters, the Supreme Court of India on Tuesday observed that contempt of a civil nature can be made out under Order XXXIX Rule 2­A of the Code of Civil Procedure only when there has been "wilful disobedience" and not on mere "disobedience".According to the Court,...

Legislature Cannot Protect Actions Taken Under An Unconstitutional Law By Enacting A Saving Clause: Supreme Court

The Supreme Court on Tuesday observed that legislature cannot infuse life into a legislation, which it itself recognised as unconstitutional, by enacting a saving clause. The bench of Justices LN Rao, BR Gavai and BV Nagarathna was considering special leave petitions challenging the Manipur High Court's order of striking down the Manipur Parliamentary Secretary (Appointment, Salary and...

Solicitor General Opposes Reinstatement of Resigned Woman Judge Who Made Sexual Harassment Complaint Against HC Judge; Supreme Court Reserves Judgment

On Tuesday, the Supreme Court continued hearing arguments in a plea filed by a woman Additional District Judge (ADJ) of Madhya Pradesh - who raised sexual harassment complaint against a then sitting MP HC judge - seeking reinstatement into service on the ground that her resignation was due to coercive circumstnaces. Solicitor General of India, Mr. Tushar Mehta, appearing for the...

"Cannot Be Detained In Custody Indefinitely": Supreme Court Grants Bail To Man Accused Of Evading GST To Extent Of ₹64 Crore

Noting that a person accused of evading GST to the tune of Rs. 64 crore has undergone a period of almost 50% of the sentence, the Supreme Court on Tuesday granted him bail while observing that detention cannot be indefinite.The bail was granted by the bench of Justices SK Kaul and MM Sundresh while considering a SLP assailing Gujarat High Court's order dated April 26, 2021.While allowing...

[Recording Of Testimonies Of Child Witnesses Through VC] NALSA To Pay Rs. 1500 Per Day As Honorarium To Remote Point Co-ordinators : Supreme Court

On Monday (24th January), while hearing the matter pertaining to the virtual recording of testimonies of child victims/witnesses of human trafficking who are required to travel across states or districts to give evidence in Trial Courts, the Supreme Court had asked National Legal Services Authority ("NALSA") to bear the honorarium to be paid to the 'remote point co-ordinators' (RPCs)....

PMLA Interpretation - Accused Has Right To Remain Silent; Can't Be Forced To Cooperate With Investigation: Kapil Sibal In Supreme Court

The accused has a constitutional right to remain silent. This right can't be used against the accused to deny him bail by saying he hasn't cooperated" submitted Sibal challenging the ED's procedure under Section 50 PMLA

Land Acquisition| Proximity To Developed Area Relevant Factor While Determining Market Value For Purpose Of Compensation: Supreme Court

The Supreme Court of India has observed that the market value of a land must be determined keeping in view the various factors including proximity to the developed area and the road etc. and it is not the nature of land alone which is determinative of the market value of the land.A Bench comprising Justice Hemant Gupta and Justice V Ramasubramanian has delivered its order in an appeal filed...

Conviction Can be Solely Based Upon Dying Declaration Without Corroboration: Supreme Court

The Supreme Court observed that there can be a conviction solely based upon the dying declaration without corroboration."If the Court is satisfied that the dying declaration is true and voluntary it can base its conviction on it, without corroboration", the bench comprising Justices MR Shah and BV Nagarathna observed.The court observed thus while restoring the conviction of the murder...

Section 482 CrPC- Jurisdiction To Quash Can Be Exercised Only If No Offence Is Made Out On Reading The Allegations In FIR As They Stand: Supreme Court

The Supreme Court reiterated that the jurisdiction to quash under Section 482 of Code of Criminal Procedure can be exercised only if no offence is made out on reading the allegations in the FIR as they stand.The allegation of the complainant in this case, was that at the time of the marriage, the mother in law and brother in law of her daughter had induced her to hand over stridhan in the...