Supreme court
Supreme Court Disapproves HC Direction To Send Sub Judge For Training, Says Appellate Courts Must Act As 'Friend, Philosopher & Guide'
The Supreme Court has set aside a Kerala High Court direction requiring a Principal Sub Judge to undergo training after the High Court criticised the trial judge's understanding of a will dispute, observing that appellate courts should guide subordinate courts through reasoned judgments rather than wield "the heavy-handed baton of superior authority."A Bench of Justice Sanjay Karol and Justice Vipul M. Pancholi held that the High Court's remarks against the Principal Sub Judge, Thrissur, were...
Appellate Courts Must Give Independent Reasons, Can't Simply Overturn Trial Court Verdict As Erroneous: Supreme Court
The Supreme Court has held that a first appellate court cannot overturn a trial court's judgment merely by declaring it erroneous without independently evaluating the evidence and recording its own reasons. Stressing the duty cast upon appellate courts while reversing findings of fact, the Court observed that they must act as "a friend, philosopher and a guide" to subordinate courts rather than adopting a superior approach of merely pointing out errors.A Bench of Justice Sanjay Karol and Justice...
Property Conveyed In Sale Deed Cannot Be Changed Through Rectification Deed Without Original Transferor's Consent: Supreme Court
The Supreme Court has ruled that a rectification deed cannot change the identity of a property unless the original seller agrees, and that courts cannot give judgments based on arguments that parties never made."A rectification deed cannot, in the guise of correcting an error, substitute the very subject matter of a prior conveyance without participation of the original transferor.”, observed a bench of Justice Dipankar Datta and Justice Vipul M Pancholi.One-Thimmadasappa owned property in...
Land Acquisition Act | Landowners Who Failed To Avail Hearing Cannot Later Allege Denial Of Hearing : Supreme Court
The Supreme Court on Monday (July 13) dismissed the appeals filed by the landowners challenging the land acquisition proceedings for the Jaipur Metro Rail Project, holding that the landowners had abandoned their right of hearing under Section 5A of the Land Acquisition Act, 1894 by failing to appear before the Land Acquisition Officer and thereafter remaining silent. “Absence of the appellants (landowners) on 9th April, 2012 coupled with their subsequent silence, appears to have goaded the LAO...
Arbitration | Article 227 Can't Be Ordinarily Invoked To Challenge Rejection Of S.16 Application By Arbitral Tribunal : Supreme Court
The Supreme Court on Tuesday (July 14) held that it is impermissible for the High Court to ordinarily interfere with, while exercising its supervisory jurisdiction, the decision of an Arbitral Tribunal rejecting the application under Section 16 of the Arbitration and Conciliation Act, challenging the jurisdiction of the tribunal.“…we hold that the High Court was not justified in entertaining the challenge under Article 227 of the Constitution and staying the arbitral proceedings. The remedy...
Registered Sale Deed Does Not Require Proof Of Attestation As Per Section 68 Evidence Act : Supreme Court
The Supreme Court on Tuesday (July 14) has ruled that proviso to Section 68 of the Indian Evidence Act, 1872 has no application to a registered sale deed, since the law does not mandatorily require a sale deed to be attested by witnesses.“The proviso to Section 68 stipulates that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a...
Supreme Court Daily Round-Up : July 14, 2026
Links to the reports of July 14 : Supreme Court Takes Suo Motu Case Over NCLT Appointment Delays & Infrastructure Issues'Mere Telephone Records Can't Prove Illicit Affair' : Supreme Court Upholds Acquittal Of Woman & 2 Men In Husband's Murder CaseSupreme Court Acquits Husband In Dowry Death Case, Criticises Mechanical Trial Of 17 In-LawsSupreme Court Upholds Lalu Prasad Yadav's...
Hindu Succession Act | Class-I Heirs' Preferential Right Under Section 22 Extends To Agricultural Land : Supreme Court
The Supreme Court on Tuesday (July 14) ruled that Section 22 of the Hindu Succession Act, 1956, which grants Class-I heirs a preferential right to purchase property proposed to be transferred by another co-heir, applies equally to agricultural land. Dismissing an appeal challenging the applicability of Section 22 of the Hindu Succession Act to agricultural land, a Bench of Justice Sanjay...
Arms Act | Mere Recovery Of Weapon Without Proof Of Conscious Possession Can't Establish Guilt : Supreme Court
The Supreme Court on Monday (July 13) observed that a mere recovery of arms from someone's house is not sufficient to hold a person guilty under the Arms Act, unless the conscious possession as well as dominion was not proved. “The High Court was justified in observing that mere recovery of certain articles including the weapons from the house of the respondent/accused is not sufficient...
MMDR Act | Govt Can Revise Royalty Rate Though Lease Deed Was Silent About Royalty Revision : Supreme Court
The Supreme Court on Monday (July 13) held that a mere silence in the lease deed with regard to the revision of royalty on mining of minerals would not take away the government's power to revise the rate of royalty at a periodic interval under the Mines and Minerals (Development and Regulation) Act, 1957. “While a mining lease is a statutory grant, royalty is a statutory levy. Power to...