Supreme court
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 to compensate the employee along with the employer, despite the existence of an insurance contract that made the...
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 March 6, 2025 order in Periyammal (Dead) Through LRs & Ors. v. V. Rajamani & Anr., which set a...
'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 based purely on circumstantial evidence in the form of,(1) last seen together theory; (2) Dashwanth's...
'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"), was unreliable. “where the accused is a stranger to the witness and no TIP is held, courts must exercise extreme caution in...
'Prosecution Suppressed Origin & Genesis Of Offence', Supreme Court Acquits Four Men In 1990 Murder Case
The Supreme Court on Friday (October 17) acquitted four persons who were convicted in a 1990 murder case, giving them the benefit of doubt since the prosecution is found to have suppressed the origin and genesis of the occurrence of the offence. A bench of Justices Sanjay Karol and Sandeep Mehta allowed the appeal filed by the convicts, after noting grave inconsistencies with respect to the place of the incident mentioned in an FIR and narrated by the eyewitnesses. The Court observed that...
Non-Resident Company Need Not Have Permanent Office In India To Be Taxed On Income Accruing Here : Supreme Court
The Supreme Court has clarified that under the Income Tax Act, a non-resident company can be taxed in India on income that accrues or arises from a business connection within the country, even if it does not maintain a permanent office or physical establishment here.A Bench of Justice Manoj Misra and Justice Joymalya Bagchi, in its judgment examined the scope of Sections 4, 5(2), and 9(1)(i) of the Income Tax Act, 1961, and held that the statute does not make it mandatory for a non-resident...
Mohammedan Law | Muslim Widow With No Child Entitled To 1/4th Share In Deceased Husband's Estate : Supreme Court
The Supreme Court affirmed the Bombay High Court's decision that had denied a Muslim widow a 3/4th share in her late husband's estate. The Court said that the widow, a Muslim wife having no child, is entitled to receive only 1/4th share.Further, the Court clarified that a mere agreement to sell executed by the deceased's brother could not defeat the widow's inheritance rights, since such an agreement neither transfers nor extinguishes ownership.The case concerned the estate of one Chand Khan,...