NI Act- Once The Presumption Under Sec.139 Is Drawn, Complainant Need Not Prove Source Of Fund Till Accused Discharges His Burden [Read Judgment]

The Supreme Court has held that once the court has drawn presumption of existence of legally enforceable debt as per Section 139 of the Negotiable Instruments Act, factors like source of funds are not relevant if the accused has not been able to rebut the presumption."When such a presumption is drawn, the factors relating to the want of documentary evidence in the form of receipts or accounts...

Views In Lead Judgment Are Binding Precedents If Concurring Judgments Did Not Express Any Contrary Opinion On It: SC [Read Judgment]

"Law laid down in the lead judgment in Express Newspaper (supra) is the law by three Hon’ble Judges who constituted the Bench."

Heart Wrenching To See Children Suffering In Custody Battle Between Parents, Says SC [Read Judgment]

"Spouses must come over the temperamental disharmony which usually exists in every marriage, rather than magnifying it with impulsive desires and passions."

'Women Treated As Chattel', Says Plea Challenging Restitution Of Conjugal Rights; SC Seeks Centre's Response

The provisions dealing with restitution of conjugal rights in effect treat women as 'chattel', the petitioners argue.

SC Dismisses PIL Seeking Direction To Send Muslims To Pakistan

The Supreme Court on Friday dismissed a plea seeking a direction to the Central Government to send Muslims living in India to Pakistan. The plea filed by one Sangat Singh Chauhan which also sought a direction to the government to bring Hindus living in Pakistan to India, came up for hearing before a bench of Justices R F Nariman and Vineet Saran. "What is this? Do you seriously want...

Employee Should Know Service Rules; Not For Employer To Advise Him About It: SC [Read Judgment]

"The department was not expected to advise and/or tell the employee about how the seniority will be fixed and/or about the rota-quota rule"

SC Asks WB Govt To Ensure Smooth Screening Of Film 'Bhobishyoter Bhoot'

The Supreme Court today directed the West Bengal Government to ensure that the screening of the film "Bhobishyoter Bhoot" takes place without unlawful obstruction. This interim order was passed by the bench of Justices D Y Chandrachud and Hemant Gupta while issuing notice to WB Government on a petition by the producers of the film complaining that the film was taken off from the...

Pollachi Sexual Assault Case: Two Lawyers Move SC For Court-Monitored Probe

Two advocates, both native of Tamil Nadu, today moved the Supreme Court seeking a court-monitored probe into the Pollachi serial sexual assault case and direction to the State and its police to provide necessary safeguard to the victim and their families and to ensure that the videos of the victims shot by the accused are not made public. A Rajarajan and Y William Vinoth Kumar, who...

Preferential Right Of Heirs Under Section 22 Of Hindu Succession Act Applicable Also To Agricultural Lands: SC [Read Judgment]

"The High Court was absolutely right in holding that Section 22 of the Act would operate in respect of succession to agricultural lands in the State."

Section 320 CrPC: Courts Have Discretion To Refuse Compounding Of Offences Having Social Impact: SC [Read Judgment]

"Merely because an offence is compoundable under Section 320 CrPC, still discretion can be exercised by the court having regard to nature of offence."

SC Questions Bonafides Of Woman Who Alleged Rape By Arunachal CM; Refuses To Entertain Plea For Probe

The court, however, permitted her to approach the competent High Court with her grievances, granting her liberty to seek police protection.

SC Stays Meghalaya HC's Contempt Order Against Shillong Times Editor Patricia Mukhim & Publisher

The Supreme Court today stayed the judgment passed by Meghalaya High Court which had held Shillong Times's editor Patricia Mukhim and publisher Shobha Chaudhuri guilty of contempt of court and sentenced them to pay fine of Rs. 2 lakhs.The CJI-led bench also issued notice to the Registrar General of the High Court on the Special Leave Petition filed by the journalists against the HC...