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Section 138 BSA Is The Misconceived Product Of Judicial Misinterpretation
SECTION 138 BSA IS THE MISCONCEIVED PRODUCT OF JUDICIAL MISINTERPRETATION C O N T E N T SSl. No: I N N E R T I T L E SPARA NO:1INTRODUCTION12THE INTER-RELATIONSHIP BETWEEN “ACCOMPLICE” AND “APPROVER” AND THEIR TESTIMONIAL COMPETENCE 23WHY AN “ACCOMPLICE” OR AN “APPROVER” ?34THE RELEVANT LEGAL PROVISIONS IN THE EVIDENCE ACT SECTION 133 of Evidence Act SECTION 114 of Evidence Act Illustration (b) to S. 114 of Evidence Act44445NO INTERDEPENDENCE BETWEEN SECTION 133 AND...
Hindu Succession Act Doesn't Apply To Scheduled Tribes: Supreme Court Reiterates
The Supreme Court has reiterated that the Hindu Succession Act, 1956 (HSA) does not apply to members of Scheduled Tribes.A Bench of Justice Sanjay Karol and Justice Prashant Kumar Mishra set aside a direction issued by the Himachal Pradesh High Court, which had held that daughters in tribal areas of the State would inherit property in accordance with the Hindu Succession Act and not...
Juvenile Justice Act Prevails Over Muslim Personal Law; Adopted Child Has Same Status As Biological Child : Madras High Court
The Madras High Court recently said that the provisions of the Juvenile Justice Act would prevail over the muslim personal laws, and an adopted child will have the same status as that of a biological child. “A combined reading of Section 1(4) and 63 of the JJ Act, 2015 in the light of Article 15(3) of the Constitution of India leads me to conclude that it will prevail over...
Supreme Court Monthly Digest September 2025
Citation 2025 LiveLaw (SC) 859 - 2025 LiveLaw (SC) 969 Advocates Act, 1961 - Bar Council of Maharashtra and Goa filed a disciplinary complaint against an advocate alleging professional misconduct under Section 35 of the Advocates Act, 1961, for obtaining a consent decree without the knowledge of a party and suppressing material facts from the Court – Held, at the stage of...
Tests To Determine Employer-Employee Relationship In Cases Under Industrial Disputes Act, Factories Act Etc : Supreme Court Explains
In a significant judgment clarifying the principles governing the determination of employer–employee relationships, the Supreme Court discussed the tests to be applied while adjudicating disputes under legislations such as the Industrial Disputes Act, 1947 and the Factories Act, 1948.A Bench of Justice JB Pardiwala and Justice Sandeep Mehta discussed the tests to determine...
Sabarimala Gold Loss: Kerala High Court Directs SIT To Investigate Into Larger Conspiracy Behind Misappropriation, Role Of TDB Officials
The Kerala High Court on Tuesday (October 21) observed that investigation into the alleged misappropriation of gold from the Dwarapalaka idols and side frames of the Sabarimala temple needs to be carried out under its direct and continuous supervision in order to ensure a fair, transparent and expeditious process. It also directed that a thorough investigation be carried out into the...
'Genuine Cultivators Should Not Be Made To Suffer' : Supreme Court Declares Plantation Vested With Kerala Govt As Not Private Forest
“Genuine cultivators should not be made to fight a prolonged battle to vindicate rights that are apparent from the public records,” the Supreme Court observed while declaring that 37.5 acres of land in South Wayanad, cultivated with coffee and cardamom, is private plantation land and not a vested forest under the Kerala Private Forests (Vesting and Assignment) Act, 1971.A Bench of...
Mediation Not Just An Alternative To Adjudication But A Constitutional Value In Itself : Justice Surya Kant
At the Annual Litigation Conference held in Chandigarh, Supreme Court judge Justice Surya Kant said that mediation is not just an alternative dispute resolution tool but a constitutional value that embodies the spirit of compassion, consensus, and social harmony at the heart of justice delivery.Delivering the keynote address on “Comity of Courts and International Legal Cooperation...
Supreme Court Half Yearly Digest 2025 : Banking Law
Bank Fraud – One-Time Settlement (OTS) – Supreme Court quashed criminal proceedings against appellants involving allegations of ₹25.89 lakh bank fraud under Sections 120B, 420, 468, and 471 of IPC and Sections 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988, following a full settlement of dues with the Bank via OTS of ₹52,79,000. Held, where dispute is purely...












