Supreme court
Know The Law | Distinction Between Gift/Settlement Deed & Will : Supreme Court Explains
The Supreme Court recently explained the distinction between the gift deed, settlement deed, and Will. The Court said that a gift is a voluntary transfer made without consideration, requiring acceptance during the donor's lifetime. Moreover, registration is mandatory for immovable property, but having possession is not mandatory to qualify as a gift when the donee accepts the...
Delay In Recording Witness Statements Under Section 161/164 CrPC Not Fatal If There Is Adequate Explanation : Supreme Court
The Supreme Court held that a delay in recording an eyewitness's testimony would not draw an adverse inference against the prosecution's case if the delay is adequately explained. The bench comprising Justices Abhay S Oka, Ahsanudding Amanullah, and AG Masih refused to interfere with the conviction of the appellants who challenged their conviction under Section 302 (murder) read with Section 34 (common intention) of the IPC. The appellants raised a ground that the eyewitnesses examination was...
Supreme Court Slams Uttarakhand Govt For Not Paying Promised Ex-Gratia For Doctor Shot Dead In Hospital, Orders ₹1 Crore Compensation
The Supreme Court recently criticised the Uttarakhand Government for not paying ex-gratia compensation to the widow of a government doctor, who was shot dead while working in a Community Health Centre in April 2016, despite the then Chief Minister approving a decision to grant Rs 50 Lakh.Displeased that the family of the deceased doctor has been forced to litigate for nearly nine years to get compensation, the Court directed the State to pay them Rs 1 crore."We are prima facie of the view...
'Woman Willingly Accompanied Accused To Hotel Room Thrice' : Supreme Court Quashes Rape Case Against Man
Reiterating that a breach of a promise to marry does not automatically amount to rape unless fraudulent intent existed at the time of consent, the Supreme Court on Monday (March 24) quashed a rape case against a man accused of forcible sex under the pretext of marriage. The Court noted that the woman had accompanied the accused to a hotel room thrice, and there was no evidence of deception...
Suppression Of Drinking Habit Justifies Rejection Of Health Insurance Claim For Alcohol-Related Hospitalisation: Supreme Court
The Supreme Court recently ruled that insurers can reject health claims related to alcoholism if the policyholder concealed alcohol drinking habit while buying the policy.The Supreme Court approved the decision of the Life Insurance Corporation (LIC) to repudiate a claim over the hospitalisation of a policyholder under the "Jeevan Arogya” scheme since he gave false information regarding...
Delivery Of Possession Not Essential To Validate Gift/Settlement; Gift Document Can't Be Unilaterally Cancelled By Donor : Supreme Court
The Supreme Court held that when a property transfer involves considerations such as love and affection while the donor retains a life interest, it qualifies as a settlement deed in the form of a gift. The Court further clarified that once the donee accepts the gift through the settlement deed, the donor cannot unilaterally revoke it.The Court held that mere reservation of life interest of...
Failure To Acknowledge Section 80 CPC Notice Or Communicate Stand May Lead To Adverse Inference Against Government : Supreme Court
The Supreme Court on Monday (March 24) expressed concerns about the declining significance of the notices under Section 80 CPC noting that in practice, such notices have often become empty formalities. The Court observed that the government/public authorities must acknowledge the notice issued under Section 80 of the Code of Civil Procedure, 1908 (“CPC”) in all seriousness, and must not...
To Claim Employment In Any Organization, Direct Master-Servant Relationship Must Be Established On Paper : Supreme Court
The Supreme Court recently observed that for a person to claim employment in an organization, a direct master-servant relationship must be established on paper.“For a person to claim employment under any organization, a direct master-servant relationship has to be established on paper. In the present case(s), admittedly, the only document, which the private respondents have in their favour,...
Student Suicides | Supreme Court Constitutes National Task Force To Address Mental Health Concerns In Colleges
In a significant development, the Supreme Court today (March 24) directed the formation of the National Task Force to address the mental health concerns of students and prevent the rising number of suicides in higher educational institutions (HEIs).The Court also held that in the event of any unfortunate incident, such as a suicide occurring on campus, it becomes the unequivocal duty of...