Supreme Court

22nd Feb, 2018

Daughters born before the enactment of Hindu Succession Act, 1956 are also entitled to equal shares as son in ancestral property.

The Supreme Court held that daughters have equal rights in the Ancestral property, even if they were born before the enactment of Hindu Succession Act, 1956. The Apex Court on 01.02.2018 in the matter Danamma […]
22nd Feb, 2018

Conviction for causing disappearance of evidence merely because of failure to inform Police about crime not justified.

It was held by the Hon’ble Supreme Court that a person cannot be convicted for causing disappearance of evidence merely because he failed to inform the police about the crime.   It was so decided […]
12th Feb, 2018

In the cases where the insured was self-employed, the award of future prospects cannot be denied.

The Hon’ble Supreme Court in the matter Reliance General Insurance Company Ltd. Vs. Shalu Sharma and Ors (SLP (C) No. 23086 of 2016) decided on February 02, 2018, dismissed the petition where the insurer challenged […]
1st Feb, 2018

An eviction order can be passed on satisfaction of any one ground under the Rent legislation

The Supreme Court has held that it is not necessary for the landlord to make out all the grounds which he has taken in the plaint for claiming eviction of the tenant under the Rent […]
1st Feb, 2018

An Interim or Partial award, which finally settles an issue between the parties in an Arbitral Award and can be challenged under Section 34 separately and independently

The Supreme Court recently had the occasion to determine an issue “Whether an award delivered by an Arbitrator, which decides the issue of limitation, can be said to be an interim award, and whether such […]
1st Feb, 2018

If there are co-owners or co-landlords of the suit premises, then any co-owner or co-landlord can file a suit for eviction against the tenant. In other words, it is not necessary that all the owners/landlords should join in filing the eviction suit against the tenant.

The Hon’ble Supreme Court of India in the case titled Kanaklata Das & Ors. Vs. Naba Kumar Das & Ors. decided on 25.01.2018 that the plaintiff being a dominus litis cannot be compelled to make […]
1st Feb, 2018

Substituted Service is an exception to the normal mode of service hence its compliance must be strictly followed

The Supreme Court held that substituted service under Order 5 Rule 20 Code of Civil Procedure is an exception to the normal mode of service. It further held that while ordering substituted service the court […]
22nd Jan, 2018

Caste is determined by birth and cannot be changed by marriage with a person of scheduled caste.

The Hon’ble Supreme Court of India in the case titled Sunita Singh Versus State of Uttar Pradesh and Others (Civil Appeal No. 487/2018) decided on 19.01.2018 that merely a woman is marrying someone belonging to […]
22nd Jan, 2018

The insurance company must at the time of accepting the premium advise the policy holder properly and not deny liability later

The insurance company cannot accept the premium without asking for any details and later deny its liability on the ground that such details were not provided opined the Supreme Court in I.C. Sharma vs The […]
22nd Jan, 2018

The Supreme Court cannot be regarded to be the Court of first instance for all purposes merely because it was the Court which appointed the Arbitrator.

Solely because a superior court appoints the arbitrator or issues directions or has retained some control over the arbitrator by requiring him to file the award in this Court, it cannot be regarded as a […]
22nd Jan, 2018

Interpretation of the definition of “Dispute” and “existence of disputes” under the Insolvency and Bankruptcy Code, 2016

The definition of the term “dispute” has been expanded and is not restricted to pending suits and arbitration. It includes correspondences exchanged between parties showing a dispute relating to payment of debt as well. The […]
22nd Jan, 2018

Section 21 of the Specific Relief Act enables the Court to award compensation in lieu of the specific performance when a contract has become impossible for no fault of the plaintiff

The Hon’ble Supreme Court of India held in the case titled Urmila Devi and ors. vs The Deity, Mandir Shree Chamunda Devi, through Temple Commissioner and ors. (Civil Appeal no. 462 OF 2018 arising out of SLP 25771/2013) decided on 10.01.2018.   Challenge […]