Supreme court
Written Statement Filed In Commercial Suit During COVID Limitation Extension Period Cannot Be Rejected For Delay : Supreme Court
The Supreme Court on Wednesday (October 8) reiterated that the Written Statement filed belatedly in a commercial suit after the mandatory period of 120 days cannot be rejected when it was filed during COVID-19, as the delay fell entirely within the COVID-19 limitation extension ordered by the Supreme Court in In Re: Cognizance for Extension of Limitation. A bench of Justice Aravind Kumar and Justice NV Anjaria set aside the Karnataka High Court's decision, which affirmed the Commercial Court's...
'Shocking State Of Affairs' : Supreme Court Expresses Dismay Over Delayed Trials In Maharashtra Courts
The Supreme Court, on October 7, expressed dismay over the shocking state of affairs in the conduct of trials before different Courts in the State of Maharashtra. It was observed that as many as 649 cases are pending across all District Courts in Maharashtra, in which charges are yet to be framed. Some of these cases date back to the year 2006, and the reason for the delay is mostly attributed to the non-appearance of either the accused or the counsel.A bench comprising Justice Sanjay Karol and...
Motor Accident Claims | Fake License By Driver Doesn't Absolve Insurer Unless Vehicle Owner Knowingly Allowed Breach : Supreme Court
In a relief to a vehicle owner, the Supreme Court on Wednesday (October 8) observed that the insurance company cannot recover the compensation amount from the vehicle owner merely because the driver was found to be using a fake license. A bench of Justices K Vinod Chandran and NV Anjaria said that a vehicle owner is not expected to verify the credentials of the driver's license from the issuing authority whether it is fake or not. Only when the insurance company proves that there was an absence...
Supreme Court Acquits Man Convicted For Murdering Mother, Says Suicide Can't Be Ruled Out
The Supreme Court on Wednesday (October 8) acquitted a man who was convicted for a murder of his mother (matricide), after noting that the entire case rests upon the circumstantial evidence and the prosecution failed to prove the guilt beyond a reasonable doubt. A bench of Justices KV Viswanathan and K Vinod Chandran found that the appellant-accused was falsely implicated as the prosecution failed to prove that the death of the deceased was at all homicidal in nature, as the medical evidence...
Criminal Court Cannot Review Or Recall Its Judgment Except To Correct Clerical Errors : Supreme Court
The Supreme Court reiterated that a High Court exercising criminal jurisdiction cannot recall or review its own judicial order under the guise of inherent powers, except to correct a purely clerical or accidental error. Setting aside the Rajasthan High Court's direction transferring investigation to the CBI in a mining-related dispute, the Court held that the recall of an earlier order by invoking Section 482 CrPC (now Section 528 BNSS) was beyond jurisdiction."Law is well settled by a catena of...
Supreme Court Explains Essentials Of Oral Gift Under Mohammedan Law
The Supreme Court has reiterated the three essential conditions required for a valid oral gift (hiba) under Mohammedan Law : (i) a clear declaration of the donor's intention to give, (ii) acceptance of the gift by the donee, and (iii) delivery of possession of the subject matter, either actually or constructively.The Court clarified that no written instrument is necessary for a valid oral gift and that the mere act of reducing such a gift to writing does not alter its character or make...
Right To Seek Arbitration Not Lost Just Because Arbitration Clause Became Inoperable Due To Statutory Amendment: Supreme Court
The Supreme Court held that the invalidity or inoperability of an arbitration clause, such as one naming an ineligible arbitrator under Section 12(5) of the Arbitration and Conciliation Act, 1996, does not nullify the underlying arbitration agreement between the parties. The Court clarified that in such cases, the Court is empowered to step in and appoint a neutral arbitrator under Section...
Minor Can Repudiate Guardian's Voidable Sale Through Conduct After Attaining Majority, Not Necessary To File Suit : Supreme Court
The Supreme Court ruled that a minor, upon attaining majority, can repudiate a voidable sale made by their guardian not only by filing a suit but also through unequivocal conduct, such as selling the property to a third party. “it can safely be concluded that a voidable transaction executed by the guardian of the minor can be repudiated and ignored by the minor within time on attaining majority either by instituting a suit for setting aside the voidable transaction or by repudiating the same...
S. 27 Evidence Act | Only Disclosure Leading To Recovery Of Weapon Admissible; Statement About Its Use Not Admissible : Supreme Court
The Supreme Court on Tuesday (October 7) acquitted three individuals for the offence of murder (Section 302 IPC) after noting that the prosecution had relied on their disclosure statements under Section 27 of the Evidence Act (“Act”), where they confessed that the weapon recovered was the weapon of crime. A bench of Justice Pankaj Mithal and Justice Prasanna B. Varale held that only that part of the disclosure statements under Section 27 would be admissible which supports the recovery of an...