Hiba: Gift Under Muslim Law- Questions & Answers By Justice V Ramkumar [Part-III]

Q.10.2 What is the position if in spite of a gift of the “corpus” the donor retains dominion over the “corpus” ? Ans. Where the donor retains possession of the “corpus” in his own right despite the gift and reserves to himself the right to enjoy the same, such a gift would be invalid. (See – K. S. Mahomed Aslam Khan v. Khalilul Rehman Khan and Others,...

Pension : Supreme Court Rejects Claim Of Employees To Count Entire Period Of Work-Charged Service For Pension

The Supreme Court has recently held that service rendered as work charged employee cannot be counted for the purpose of pension. The Court refused to accept a plea to consider the entire period of work charged service as service for computing pension and upheld a rule framed by the Bihar Government by which the work-charged service will be counted only to the extent of shortfall in...

Specific Relief Act | Action To Cancel Instrument Under Section 31 Is Not Action In Rem : Supreme Court

The Supreme Court reiterated that an action instituted under Section 31 of the Specific Relief Act, 1963 for cancellation of an instrument is not an action in rem. It means that the cancellation of instrument as per this section will bind only the parties to the proceedings and will not operate universally against everyone.A bench comprising Justices Abhay S Oka and Rajesh Bindal made...

Supreme Court Quarterly Digest On Code Of Criminal Procedure [Jan – Mar, 2023]

Code of Criminal Procedure, 1973 – Remand - There seems to be a practice followed by Courts to remand the accused to custody, the moment they appear in response to the summoning order. The correctness of such a practice has to be tested in an appropriate case. (Para 10) Mahdoom Bava v. Central Bureau of Investigation, 2023 LiveLaw (SC) 218Code of Criminal Procedure, 1973 - High Courts...

Supreme Court Weekly Round Up (17th April to 23rd April 2023)

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest to keep our readers up to date with the latest legal developments in the Apex court of the country.Judgments/OrdersOrder VII Rule 11 CPC - Inconsistencies In Plaint Averments Not A Sufficient Reason To Reject Plaint : Supreme Court[Case Title: G. Nagaraj v. BP Mruthunjayanna| Citation:...

Fake News Affects Democracy; Self Regulation By Electronic Media Ineffective : Supreme Court Judge Justice BV Nagarathna

Justice BV Nagarathna, speaking at the Seema Nazareth Award organised by the Business Standard, called for a regulatory mechanism for the "new age of journalism" popularised after the onset of digital media. While stating that fake news could rock the bedrock of democracy and that it was necessary to shun prejudice in news reports, Justice Nagarathna remarked that self-regulation by...

Supreme Court Allows Aid Of Scribe For Judicial Services Aspirant With Writer's Cramp

In a plea filed by an aspirant of Uttarakhand Judicial Service Civil Judge (Preliminary) Examination who was suffering from a writer's cramp and was denied a scribe for the examination, the Supreme Court directed the Uttarakhand Public Service Commission to ensure that a scribe is made available to the petitioner. The direction was passed by a bench comprising CJI DY Chandrachud and Justice...

'Wholesale Domicile Reservation Unconstitutional' : Supreme Court Asks MP Govt To Review 75% Domicile Quota In B.Ed Seats

Stating that domicile reservation should not become a "wholesale reservation", the Supreme Court has asked the State of Madhya Pradesh to review its decision to have 75% domicile reservation in B.Ed seats."We make it clear that though reservation in favour of residents is permissible, yet reservation to the extent of 75% of the total seats makes it a wholesale reservation, which has been held...

Adani-Hindenburg Issue : 6 Months More Needed For Conclusive Findings On Prima Facie Violations, SEBI Tells Supreme Court

The Securities and Exchange Board of India has files application in the Supreme Court seeking a six-month extension to complete its probe into allegations made by US-based short seller firm Hindenburg Research against Adani group companies about stock price manipulations.On March 2, the Supreme Court had directed the SEBI to complete the investigation into the Adani-Hindenburg report and...

Defamation Case: 'Consequences Irreversible, Will Lose 8 Yrs Of Political Career If Conviction Not Stayed': Sr. Adv. Abhishek Singhvi In Gujarat HC For Rahul Gandhi

Appearing before the Gujarat High Court for Congress leader and disqualified MP Rahul Gandhi in his criminal revision plea filed seeking a stay on his conviction in the 'Modi-Thieves' remark case, Senior Advocate Abhishek Manu Singhvi today argued that non-stay on conviction will have irreversible consequences for Gandhi and that he would stand disqualified for a period of 8 years that can...

Gangster Act Case: BSP MP Afzal Ansari Convicted & Sentenced To 4 Years In Jail By UP Court; Set To Lose Loksabha Membership

BSP MP from Uttar Pradesh's Ghazipur, Afzal Ansari, brother of Ex-MLA Mukhtar Ansari, was today convicted and sentenced to 4 years in prison in a Gangster Act Case. The sentence was pronounced by Ghazipur MP/MLA Court moments after he was convicted in the case along with his brother Mukhtar Ansari.Now, by virtue of provisions contained in article 102 r/w section 8 (3)of the Representation...

Steps Taken To Address Grievances Of Women Lawyers Practising In Nilgiris District : Madras HC Tells Supreme Court

The Supreme Court on Friday disposed of a petition filed by Women Lawyers Association of Nilgiris district in Tamil Nadu raising grievances regarding lack of toilet facilities, taking note of the submission made on behalf of the Madras High Court that necessary steps have been taken.The Court gave liberty to the Association to approach the District Judge or the Registrar General of the High...