BREAKING| Supreme Court Dismisses Pleas Challenging Inclusion Of Words 'Socialist' & 'Secular' In Constitution's Preamble

The Supreme Court today (November 25) dismissed a batch of petitions challenging the inclusion of the words "socialist" and "secular" in the Preamble to the Constitution as per the 42nd Amendment passed in 1976.The bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar observed that the amendment power of the Parliament extends to the Preamble as well.The date of adoption of the Preamble does not restrict the power of the Parliament to amend the Preamble. On this ground,...

Motor Accident Compensation - Supreme Court Awards Rs 15 Lakhs As Compensation For 'Pain & Suffering' To Claimant With 100% Disability

Dealing with the case of a motor accident injured, the Supreme Court recently analyzed the jurisprudence on "pain and suffering" (one of the heads under which compensation is awarded to motor accident victims) and enhanced the amount of compensation awarded - beyond what was prayed for.A bench of Justices CT Ravikumar and Sanjay Karol, allowing the appeal of the injured-appellant, awarded a compensation of Rs.15 lakhs under the head "pain and suffering" even though the appellant had prayed...

S.29A Arbitration | 'Sufficient Cause' To Extend Time For Award Should Be Interpreted To Facilitate Effective Dispute Resolution : Supreme Court

Extending the time for an arbitral tribunal to pass its award, the Supreme Court recently observed that extension can be allowed even after the expiry of the statutory period and the phrase "sufficient cause" under Section 29A of the Arbitration and Conciliation Act should take color from the underlying purpose of the arbitration process (ie facilitating effective dispute resolution)."The...

Confession Of Accused Can't Be Proved Under S.27 Evidence Act, Only Statements Relating To Discovery Of Facts Admissible: Supreme Court

The Supreme Court clarified that under Section 27 of the Evidence Act, only the specific portion of the statement of the accused which is directly linked to the discovery/recovery of evidence is admissible, and that the confession of the accused cannot be incorporated while proving a statement under Section 27. The Court held that inadmissible parts of such statements cannot be incorporated...

Appellate Court Can Examine Existence Of Jurisdictional Fact Despite Trial Court's Omission To Frame Issue On Maintainability Of Suit : Supreme Court

The Supreme Court has clarified that a higher court is not barred from examining the existence of jurisdictional fact merely because the trial court did not frame an issue regarding maintainability, provided no new facts/evidence are required at the appellate stage.To this end, the Court clarified the judgments in A. Kanthamani v. Nasreen Ahmed (2017) 4 SCC 654 and I.S. Sikandar v. K....

Marumakkathayam Law | Property Obtained By Hindu Woman Post-Partition Without Legal Heir Would Be Her Separate Property & Not Joint Property : Supreme Court

The Supreme Court, in an appeal concerning property devolution under Kerala's traditional Marumakkathayam law, ruled that property acquired by a woman and her children post-partition does not become their separate property but remains part of the tharwad (joint property). The bench comprising Justice CT Ravikumar and Justice Sanjay Karol held so while deciding a question of “whether...

S. 14 HSA | Hindu Woman Can Claim Absolute Ownership Of Property Possessed Under Her Antecedent Maintenance Right: Supreme Court

The Supreme Court observed that a Hindu woman can claim absolute ownership if the property is tied to her antecedent maintenance right.The bench comprising Justice CT Ravikumar and Justice Sanjay Karol observed that under Section 14(1) of the Hindu Succession Act, 1956 ("HSA"), for a possessory right to be transformed into full ownership, it must be established that the Hindu woman holds...

Litigant Has To Be Vigilant, Can't Throw Entire Blame On Advocate For Delay & Negligence : Supreme Court

The Supreme Court has observed that litigants, who did not exercise due care and vigilance, cannot throw the entire blame on their advocates. The Court also flagged the rising tendency on the part of litigants to blame their lawyers of negligence and carelessness in attending court proceedings.The Court made this pertinent observation while refusing to condone the delay of 534 days in filing...

Judge-To-Population Ratio Was Ordered To Be Made 50 Per Million By 2007, But Not Even 25 Per Million In 2024 : Supreme Court Laments

The Supreme Court lamented the low judge-to-population ratio in India, which leads to the huge work stress on judicial officers, making them prone to making mistakes.The Court recalled that in 2002, a direction was passed in the All India Judges Association case that by 2007, the judge-to-population ratio in the trial judiciary should be 50 per million. However, even in 2024, this ratio is...

Avoid Personal Criticism Of Judicial Officers : Supreme Court Expunges High Court's Adverse Remarks Against Sessions Judge

While expunging from a judgment of the Delhi High Court certain adverse remarks made against a Sessions Judge, the Supreme Court on Friday (November 22) emphasised the need for restraint on the part of superior courts while commenting on judicial officers.While the superior courts, in the exercise of their appellate/revisional powers, can set aside the orders passed by the lower courts,...

Mobile Towers & Pre-Fabricated Buildings Moveable Properties, Qualify As 'Capital Goods' For CENVAT Credit : Supreme Court

The Supreme Court in a recent decision held that mobile service providers (MSPs) could avail the benefit of Central Value Added Tax/CENVAT Credit over excise duties paid on items such as mobile towers and prefabricated buildings. The bench of Justice BV Nagarathna and Justice N Kotiswar Singh observed that since mobile towers and PFBs could be detached and relocated, they qualified as...

Jail Superintendents Should Make Special Efforts To Identify Women Prisoners Eligible For Release U/s. 479 Of BNSS: Supreme Court

The Supreme Court on Tuesday (November 19) directed Jail Superintendents to make special efforts to identify women prisoners who may qualify for release under Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.“Although the provisions of Section 479 of the BNSS are gender neutral, it is also necessary for this Court to say that special efforts should be made to identify...