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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 To Pronounce Judgment On Judicial Officers' Eligibility For Direct Appointment As District Judges Tomorrow
Update - judgment delivered on October 9 - Judicial Officers With 7 Years Combined Experience On Date Of Application Eligible For Direct Recruitment As District Judges : Supreme CourtThe Supreme Court will tomorrow(October 9) pronounce its decision on the issue of whether a judicial officer, who has already completed 7 years in the Bar, is entitled to be appointed as a District Judge against...
2020 Bengaluru Riots : Supreme Court Grants Bail To 2 UAPA Accused Noting Custody Of Over 5 Years & Delay In Trial
The Supreme Court recently granted bail to two persons - Kadeem @ Sadam and Zia Ur Rahma @ Ziya- who are accused in the 2020 Bengaluru riots case, taking note of their incarceration of over five years and the fact that 254 witnesses are yet to be examined in the trial involving 138 accused persons.A bench comprising Justice MM Sundresh and Justice Satish Chandra Sharma set aside 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 To Frame Standard For Conduct Of Public Hearings Before Electricity Regulatory Commissions
The Supreme Court recently indicated that it will examine and declare a standard by which public hearings could be conducted by Electricity Regulatory Commissions across the country.A bench of Justice Pamidighantam Sri Narasimha and Justice Atul S. Chandurkar made the observation in an appeal by the Kerala State Electricity Regulatory Commission against the Kerala High Court's direction to...
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...
Supreme Court To Hear On October 13 Plea Seeking SIT Probe Into Rahul Gandhi's 'Vote Chori' Allegations
The Supreme Court is scheduled to hear on October 13, a Public Interest Litigation petition seeking the constitution of a Special Investigation Team(SIT) headed by a former Judge to inquire into the allegations raised by the Leader of Opposition, Rahul Gandhi, regarding large-scale voters list manipulation in the Bengaluru Central constituency during the 2024 Lok Sabha elections.The...
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...