Supreme court
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 tribal customs.The apex court observed that such a direction ran contrary to Section 2(2) of the HSA.As per...
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 employer-employee relationship to be kept in mind while deciding matters arising from legislations like Industrial Disputes...
'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...
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...
Transgender Persons Need Not Take Employer's Permission For Sex Reassignment Surgery Unless Work Is Based On Gender Identity: Supreme Court
The Supreme Court has held that transgender and gender-diverse persons are not required to seek permission from their employers to undergo gender affirmation or surgical intervention, asserting that the right to self-determination of gender is a matter of personal autonomy and dignity.“We have no hesitation in saying that no transgender or gender diverse person is bound to take permission...
Supreme Court Expresses Anguish At Insurance Companies Filing Unnecessary Appeals Raising Technical Pleas
The Supreme Court observed that the entire burden of compensating an employee injured during the course of work cannot be shifted onto the employer alone, as the insurer is jointly and severally liable to pay compensation along with the employer. A bench of Justices Manoj Misra and N. Kotiswar Singh set aside the Calcutta High Court's ruling that had absolved the insurer of liability...
8.8 Lakh Execution Petitions Pending Across Country : Supreme Court Expresses Alarm, Asks High Courts To Ensure Speedy Disposals
The Supreme Court has expressed serious concern over the alarming pendency of execution petitions across the country, revealing that 8,82,578 execution petitions remain pending before district courts nationwide, despite earlier directions to High Courts to ensure their disposal within six months.A Bench of Justice J.B. Pardiwala and Justice Pankaj Mithal was monitoring compliance with its...
'Made Scapegoat By Police, Lopsided Trial': Why Supreme Court Acquitted Chennai Man Dashwanth In Rape-Murder Of Minor Girl
While acquitting Chennai man Dashwanth in a 2017 rape-murder case of a minor girl, the Supreme Court recently noted that mandatory requirements of a fair trial were violated in the case and Dashwanth was made a scapegoat by the police by planting recoveries.A bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta made the observations. The Court noted that the prosecution case was...
'Dock Identification Without Test Identification Parade Unreliable When Witness Had No Familiarity With Accused' : Supreme Court
The Supreme Court recently acquitted three persons convicted of murdering a minor, holding that the prosecution had failed to establish their guilt beyond a reasonable doubt. The Court extended the benefit of doubt to the accused, observing that they were strangers to the key witness and that their dock identification, unsupported by any Test Identification Parade ("TIP"),...