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Shiv Sena Case | Political Party's Decision Must Prevail Over Legislative Party's Majority, Says Supreme Court In Hearing
In the Shiv Sena dispute, the Supreme Court today orally said that as per existing law, a political party has subsisting control over a legislature party and any decision of the political party would prevail over the will of the majority of the legislature party.A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was hearing the plea filed by Uddhav Thackeray faction...
Comprehensive/Package Motor Insurance Covers Vehicle Occupants: Supreme Court Explains Different Types Of Policies
The Supreme Court has held that a comprehensive motor insurance policy covers the owner and occupants of the vehicle and cannot be treated on par with a basic third-party insurance policy, while also recommending that insurers adopt a standardised "opt-in" mechanism enabling customers to choose additional covers at the time of purchasing insurance.The judgment came in an appeal filed by...
Judgments Are Retrospective Unless Expressly Made Prospective : Supreme Court
The Supreme Court has reiterated that unless its judgment expressly states that the decision would apply prospectively, it shall apply retrospectively. “If a decision of the Apex Court does not expressly provide its application to be prospective, then it is settled law that all decisions of this Court are retrospective in application…”, observed a bench of Justice Dipankar Datta...
Bill To Increase Supreme Court Judge Strength Brought After CJI's Letter To PM : Law Minister Tells Rajya Sabha
The Rajya Sabha on Wednesday considered and returned the Supreme Court (Number of Judges) Amendment Bill, 2026, with Union Law Minister Arjun Ram Meghwal disclosing that the proposal to increase the sanctioned strength of the Supreme Court was initiated after Chief Justice of India Surya Kant wrote to the Prime Minister seeking the enhancement.The Bill seeks to increase the sanctioned strength...
Cheque Dishonour | Defence That Complainant Lacks Financial Capacity Ought To Be Raised In Accused's Reply Notice : Supreme Court
The Supreme Court has held that the initial burden of raising a defence that the complainant lacked the financial capacity to advance a loan rests on the accused and must ordinarily be taken in the reply to the statutory demand notice issued under Section 138 of the Negotiable Instruments Act. If no such plea is raised at that stage, the complainant cannot later be expected to lead...
Order 18 Rule 17 CPC | Parameters On Recall Of Witness : Supreme Court Explains
The Supreme Court on Tuesday (August 4) reiterated that the power of the Court under Order XVIII Rule 17 CPC only permits recall of witnesses for examination by the Court itself, not for cross-examination by either of the parties “…the scope and object of Order XVIII Rule 17, CPC, was to enable the court to clarify doubts regarding evidence led by the party. It was further stated that...
Is Partial Relaxation For Certain Crackers Possible Regarding Noise Levels? Supreme Court Asks CPCB
The Supreme Court recently directed the Additional Solicitor General Aishwarya Bhati to get instructions from the Central Pollution Control Board(CPCB) as to whether a partial relaxation can be made for allowing certain types of crackers. A bench comprising Justice MM Sundresh and Justice PB Varale directed: "Learned ASG is directed to get instructions from the Central Pollution Control Board...
Failure To Add Company As Accused In Cheque Dishonour Case Can't Be Cured By Summoning It Under S.319 CrPC : Supreme Court
The Supreme Court has held that the failure to arraign a company as an accused in a cheque dishonour complaint under Section 138 of the Negotiable Instruments Act is a fatal defect that cannot be cured by subsequently summoning the company as an additional accused under Section 319 of the Code of Criminal Procedure during the trial.A Bench of Justice Manoj Misra and Justice Vijay Bishnoi...
