'Excluding Female Heirs From Inheritance Discriminatory' : Supreme Court Allows Tribal Women Equal Succession Rights As Men
https://www.livelaw.in/supreme-court/excluding-female-heirs-from-inheritance-discriminatory-supreme-court-allows-tribal-women-equal-succession-rights-as-men-297937
https://www.livelaw.in/supreme-court/excluding-female-heirs-from-inheritance-discriminatory-supreme-court-allows-tribal-women-equal-succession-rights-as-men-297937
www.livelaw.in
'Excluding Female Heirs From Inheritance Discriminatory' : Supreme Court Allows Tribal Women Equal Succession Rights As Men
No rationale in granting succession only to male heirs, the Court said.
π2π1
Supreme Court Affirms Conviction Of Woman For Fiance's Murder; Allows Her & Aides To Seek Governor's Pardon
https://www.livelaw.in/top-stories/supreme-court-affirms-conviction-of-woman-for-fiances-murder-allows-her-aides-to-seek-governors-pardon-297883
https://www.livelaw.in/top-stories/supreme-court-affirms-conviction-of-woman-for-fiances-murder-allows-her-aides-to-seek-governors-pardon-297883
www.livelaw.in
Supreme Court Affirms Conviction Of Woman For Fiance's Murder; Allows Her & Aides To Seek Governor's Pardon
In an extraordinary instance, the Supreme Court on July 14, while upholding the life sentence of a female convict guilty of murdering her fiancΓ©, granted her an opportunity to seek pardon before...
Criminal Proceedings Can't Be Quashed Merely Because Of Pending Civil Cases On Same Subject Matter : Supreme Court
https://www.livelaw.in/supreme-court/criminal-proceedings-cant-be-quashed-merely-because-of-pending-civil-cases-on-same-subject-matter-supreme-court-297791
https://www.livelaw.in/supreme-court/criminal-proceedings-cant-be-quashed-merely-because-of-pending-civil-cases-on-same-subject-matter-supreme-court-297791
www.livelaw.in
Criminal Proceedings Can't Be Quashed Merely Because Of Pending Civil Cases On Same Subject Matter : Supreme Court
The Supreme Court reiterated that the existence of civil disputes between parties does not warrant the quashing of criminal proceedings where a prima facie case is made out. The bench comprising...
Rape Case Can Be Quashed Based On Settlement Between Parties In Exceptional Circumstances : Supreme Court
https://www.livelaw.in/supreme-court/rape-case-can-be-quashed-based-on-settlement-between-parties-in-exceptional-circumstances-supreme-court-297783
https://www.livelaw.in/supreme-court/rape-case-can-be-quashed-based-on-settlement-between-parties-in-exceptional-circumstances-supreme-court-297783
www.livelaw.in
Rape Case Can Be Quashed Based On Settlement Between Parties In Exceptional Circumstances : Supreme Court
The Supreme Court today (July 16) observed that criminal proceedings related to rape offences can be quashed based on settlement in exceptional circumstances, subject to the facts of the case. βAt...
Law Needed To Compensate Accused Acquitted After Long Incarceration : Supreme Court
https://www.livelaw.in/supreme-court/law-needed-to-compensate-accused-acquitted-after-long-incarceration-supreme-court-297720
https://www.livelaw.in/supreme-court/law-needed-to-compensate-accused-acquitted-after-long-incarceration-supreme-court-297720
www.livelaw.in
Law Needed To Compensate Accused Acquitted After Long Incarceration : Supreme Court
While acquitting a death row convict who was wrongly incarcerated for a long time, the Supreme Court on Tuesday (July 15) expressed the need to enact a law for awarding compensation in cases of...
π―3
Order Declaring Marriage Null & Void Relates Back To Date Of Marriage, No Liability To Pay Maintenance Arises: Allahabad High Court
https://www.livelaw.in/high-court/allahabad-high-court/allahabad-high-court-ruling-void-marriage-and-husband-duty-to-pay-maintenance-section-11-hindu-marriage-act-297901
https://www.livelaw.in/high-court/allahabad-high-court/allahabad-high-court-ruling-void-marriage-and-husband-duty-to-pay-maintenance-section-11-hindu-marriage-act-297901
www.livelaw.in
Order Declaring Marriage Null & Void Relates Back To Date Of Marriage, No Liability To Pay Maintenance Arises: Allahabad High Court
The Allahabad High Court has held that once an order declaring a marriage null and void has been passed under Section 11 of the Hindu Marriage Act, it dates back to the date of marriage. In such case,...
π2β€βπ₯1
Promises and Pitfalls of the Draft Arbitration and Conciliation (Amendment) Bill, 2024 | SCC Times
https://www.scconline.com/blog/post/2025/04/30/promises-and-pitfalls-of-the-draft-arbitration-and-conciliation-amendment-bill-2024/
https://www.scconline.com/blog/post/2025/04/30/promises-and-pitfalls-of-the-draft-arbitration-and-conciliation-amendment-bill-2024/
SCC Times
Promises and Pitfalls of the Draft Arbitration and Conciliation (Amendment) Bill, 2024
The Department of Legal Affairs has proposed the Draft Arbitration and Conciliation (Amendment) Bill, 2024, with an aim to boost
5_6325710490194417000.pdf
570.9 KB
Vibhor Garg v. Neha, 2025.
Section 122 Evidence act and Right to privacy, Common law and fundamental rights, dissent in kaushal kishore by bv nagarthna, j. (dissent is given preference here, judicial bias?)
Read on telephone tapping and on illegally procured evidence.
1. https://t.me/CurrentLegalGK/6275
2. https://t.me/CurrentLegalGK/6285
section 14 of family court not relied because 122 itself was sufficient therefore the precedent is very important for BSA
#BSA@CurrentLegalGK
Section 122 Evidence act and Right to privacy, Common law and fundamental rights, dissent in kaushal kishore by bv nagarthna, j. (dissent is given preference here, judicial bias?)
Read on telephone tapping and on illegally procured evidence.
1. https://t.me/CurrentLegalGK/6275
2. https://t.me/CurrentLegalGK/6285
#BSA@CurrentLegalGK
π2π2π1
Mortgagor's Right To Redeem Usufructuary Mortgage Not Time-Barred, Continues Till Decree Of Sale Is Passed During Foreclosure: Kerala HC
https://www.livelaw.in/high-court/kerala-high-court/mortgagors-right-to-redeem-usufructuary-mortgage-not-time-barred-continues-till-decree-of-sale-is-passed-during-foreclosure-kerala-hc-298040
https://www.livelaw.in/high-court/kerala-high-court/mortgagors-right-to-redeem-usufructuary-mortgage-not-time-barred-continues-till-decree-of-sale-is-passed-during-foreclosure-kerala-hc-298040
www.livelaw.in
Mortgagor's Right To Redeem Usufructuary Mortgage Not Time-Barred, Continues Till Decree Of Sale Is Passed During Foreclosure:β¦
Kerala High Court reaffirmed the statutory sanctity of a mortgagor's right to redemption under a usufructuary mortgage, and provided clarification on several crucial provisions of property and...
β€2
'Appeal Fully Abates If LRs Of Deceased Party In Joint Decree Not Substituted', Supreme Court Summarises Law On Suit Abatement
https://www.livelaw.in/supreme-court/appeal-fully-abates-if-lrs-of-deceased-party-in-joint-decree-not-substituted-supreme-court-summarises-law-on-suit-abatement-298076
https://www.livelaw.in/supreme-court/appeal-fully-abates-if-lrs-of-deceased-party-in-joint-decree-not-substituted-supreme-court-summarises-law-on-suit-abatement-298076
www.livelaw.in
'Appeal Fully Abates If LRs Of Deceased Party In Joint Decree Not Substituted', Supreme Court Summarises Law On Suit Abatement
In a notable ruling delivered on Friday (July 18), the Supreme Court held that when a joint and indivisible 'decree' is passed involving multiple plaintiffs or defendants, the entire appeal will...
β€3π1
π€7π1
β€5π2π±2
'AI Tools Not Be Used To Arrive At Judgments' ': Kerala High Court Issues Guidelines For AI Use In District Judiciary
https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-ai-use-district-judiciary-298139
https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-ai-use-district-judiciary-298139
www.livelaw.in
'AI Tools Not Be Used To Arrive At Judgments': Kerala High Court Issues Guidelines For AI Use In District Judiciary
Kerala High Court has issued a policy outlining guiding principles for the responsible use of Artificial Intelligence (AI) tools in district judiciary in the State.Recognising that while AI tools...
β€1π1
'When Pre-Cognizance Hearing U/S 223(1) BNSS Is Not Conducted, Further Proceedings Are A Nullity In Law': Calcutta High Court
https://www.livelaw.in/high-court/calcutta-high-court/pre-cognizance-hearing-us-2231-of-bnss-not-conducted-further-proceedings-are-a-nullity-under-law-calcutta-hc-quashes-pmla-case-298118
https://www.livelaw.in/high-court/calcutta-high-court/pre-cognizance-hearing-us-2231-of-bnss-not-conducted-further-proceedings-are-a-nullity-under-law-calcutta-hc-quashes-pmla-case-298118
www.livelaw.in
'When Pre-Cognizance Hearing U/S 223(1) BNSS Is Not Conducted, Further Proceedings Are A Nullity In Law': Calcutta High Court
The Calcutta High Court has set aside an order taking cognizance of proceedings initiated under the Prevention of Money Laundering (PMLA) Act, upon observing that cognizance had been taken by the...
π1
[S.53A CrPC] Almost Mandatory To Take Blood Samples For DNA Analysis In Rape Cases, Police Can Use Force If Needed: Delhi High Court
https://www.livelaw.in/high-court/delhi-high-court/dna-test-of-accused-can-be-declined-if-absolute-evidence-of-non-access-to-victim-is-shown-delhi-high-court-298070
https://www.livelaw.in/high-court/delhi-high-court/dna-test-of-accused-can-be-declined-if-absolute-evidence-of-non-access-to-victim-is-shown-delhi-high-court-298070
www.livelaw.in
[S.53A CrPC] Almost Mandatory To Take Blood Samples For DNA Analysis In Rape Cases, Police Can Use Force If Needed: Delhi Highβ¦
Stating that DNA testing is an βalmost perfect scienceβ to determine truthfulness of the allegations of rape, the Delhi High Court has held that Police is duty bound to take accused's blood sample...
π1
π§ #MCQ@CurrentLegalGK
Which of the following is a recent judgment relating to abatement of suit-
(a) Om Prakash Gupta alias Lalloowa (D) and Ors. v. Satish Chandra (D)
(b) Amlesh Kumar v. State of Bihar
(c) Greater Mohali Area Development Authority (GMADA) v. Anupam Garg & Ors.
(d) All of the above
Which of the following is a recent judgment relating to abatement of suit-
(a) Om Prakash Gupta alias Lalloowa (D) and Ors. v. Satish Chandra (D)
(b) Amlesh Kumar v. State of Bihar
(c) Greater Mohali Area Development Authority (GMADA) v. Anupam Garg & Ors.
(d) All of the above
β€4π2
#MCQ@CurrentLegalGK
In which of the following cases the Honβble Supreme Court has held that the most important ingredient is sexual intent and not skin-to-skin contact with child in case of an offence under section 7 of the Protection of Children from Sexual Offences Act, 2012?
(a) Attorney General for India v. Satish and Another (2021)
(b) Solicitor General for India v. Satish and another (2021)
(c) Attorney General for India v. Pritam (2021)
(d) None of the above
In which of the following cases the Honβble Supreme Court has held that the most important ingredient is sexual intent and not skin-to-skin contact with child in case of an offence under section 7 of the Protection of Children from Sexual Offences Act, 2012?
(a) Attorney General for India v. Satish and Another (2021)
(b) Solicitor General for India v. Satish and another (2021)
(c) Attorney General for India v. Pritam (2021)
(d) None of the above
β€4π1
3486202313150162514judgement17-jul-2025-610558.pdf
193.9 KB
π―
RAM CHARAN v. SUKHARAM 2025π2β€1β€βπ₯1
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
3486202313150162514judgement17-jul-2025-610558.pdf
π―
QUESTION OF LAW:
Whether a tribal woman (or her legal heirs) would be entitled to an equal share in her ancestral property or not.
FACTS: Legal heirs of Dhaiya (GOND women) from scheduled tribe filed suit for partition of maternal grandfather property (nanaji) but the trial court, 1st appellate court and HC (2nd appellate) held that they couldn't prove that they are governed by hindu succession act 1956, therefore justified in dismissing the suit.
PROVISIONS FOR INTERPRETATION:
1. βSection 2(2) HSA, 1956 Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.β
2. Section 6 of Central provinces Laws Act 1875,
In cases not provided for by section 5 , or by Rule in cases any other law for the time being in force, the Courts shall act according to justice, equity and good conscience.
Briefly stating section 5 deals with family laws including succession for hindu mohammedan and customary as the case may be.
QUESTION BEFORE SUPREME COURT
SC after perusing the background of case concluded that hindu law has no application because parties could not prove they have adopted hindu tradition & since there no application of HSA, 1956 then customs must be proved but they are too not proved.
So now the whole case is dependent of Section 6 application of 1875 Act
SC held that HC rejection to apply 1875 law that it os repealed is incorrect because of saving clause.
LAW ON JUSTICE, EQUITY & GOOD CONSCIENCE
1. It is applied when there is void in law as in present case NO HSA NO CUSTOM
has any application in Dhaiya's case.
2. Landmark large bench case M. Siddiq v. Suresh Das, 2020 (Ram Janmabhoomi Temple) discussed the law as follows:
"The common underlying thread is that justice, good conscience and equity plays a supplementary role in enabling courts to mould the relief to suit the circumstances that present themselves before courts with the principal purpose of ensuring a just outcome. Where the existing statutory framework is inadequate for courts to adjudicate upon the dispute before them, or no settled judicial doctrine or custom can be availed of, courts may legitimately take recourse to the principles of justice, equity and good conscience to effectively and fairly dispose of the case"
RELIED ON: SC relied on Article 14, 15, 38 and 46 and precendents on equality such as Maneka Gandhi v. UoI 1978 and Shayara Bano v. Union of India, 2019
Excerpt from shayara bano
Overemphasis on the doctrine of classification or an anxious and sustained attempt to discover some basis for classification may gradually and imperceptibly deprive the Article of its glorious contentβ¦
HELD: No such custom of female succession could
be established by the appellant-plaintiffs, but nonetheless it is
also equally true that a custom to the contrary also could not be
shown in the slightest, much less proved and therefore relying on Justice Equity and Good conscience and Article 14 of constitution dhaiya and her legal heirs are entitled to equal share in property.
ANALYSIS:
The SC mentioned that trial courts and appellate courts presumed the negative connotation that customs of equal share to women doesn't exist in Gond tribe and cpurts relied on a case of where custom is required to be proved, SC said trial courts could have presumed reciprocally by presuming existence of equal share and let defendants prove there is no equal share.
Well generally the burden of proving is on the person claiming the right but in this case there was a void and in these type of situations basic constiutional ethos must be kept in mind such as equality.
#HSA@CurrentLegalGK
#SUCCESSION@CurrentLegalGK
RAM CHARAN v. SUKHARAM 2025QUESTION OF LAW:
Whether a tribal woman (or her legal heirs) would be entitled to an equal share in her ancestral property or not.
FACTS: Legal heirs of Dhaiya (GOND women) from scheduled tribe filed suit for partition of maternal grandfather property (nanaji) but the trial court, 1st appellate court and HC (2nd appellate) held that they couldn't prove that they are governed by hindu succession act 1956, therefore justified in dismissing the suit.
PROVISIONS FOR INTERPRETATION:
1. βSection 2(2) HSA, 1956 Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.β
2. Section 6 of Central provinces Laws Act 1875,
In cases not provided for by section 5 , or by Rule in cases any other law for the time being in force, the Courts shall act according to justice, equity and good conscience.
Briefly stating section 5 deals with family laws including succession for hindu mohammedan and customary as the case may be.
QUESTION BEFORE SUPREME COURT
SC after perusing the background of case concluded that hindu law has no application because parties could not prove they have adopted hindu tradition & since there no application of HSA, 1956 then customs must be proved but they are too not proved.
So now the whole case is dependent of Section 6 application of 1875 Act
SC held that HC rejection to apply 1875 law that it os repealed is incorrect because of saving clause.
LAW ON JUSTICE, EQUITY & GOOD CONSCIENCE
1. It is applied when there is void in law as in present case NO HSA NO CUSTOM
has any application in Dhaiya's case.
2. Landmark large bench case M. Siddiq v. Suresh Das, 2020 (Ram Janmabhoomi Temple) discussed the law as follows:
"The common underlying thread is that justice, good conscience and equity plays a supplementary role in enabling courts to mould the relief to suit the circumstances that present themselves before courts with the principal purpose of ensuring a just outcome. Where the existing statutory framework is inadequate for courts to adjudicate upon the dispute before them, or no settled judicial doctrine or custom can be availed of, courts may legitimately take recourse to the principles of justice, equity and good conscience to effectively and fairly dispose of the case"
RELIED ON: SC relied on Article 14, 15, 38 and 46 and precendents on equality such as Maneka Gandhi v. UoI 1978 and Shayara Bano v. Union of India, 2019
Excerpt from shayara bano
Overemphasis on the doctrine of classification or an anxious and sustained attempt to discover some basis for classification may gradually and imperceptibly deprive the Article of its glorious contentβ¦
HELD: No such custom of female succession could
be established by the appellant-plaintiffs, but nonetheless it is
also equally true that a custom to the contrary also could not be
shown in the slightest, much less proved and therefore relying on Justice Equity and Good conscience and Article 14 of constitution dhaiya and her legal heirs are entitled to equal share in property.
ANALYSIS:
The SC mentioned that trial courts and appellate courts presumed the negative connotation that customs of equal share to women doesn't exist in Gond tribe and cpurts relied on a case of where custom is required to be proved, SC said trial courts could have presumed reciprocally by presuming existence of equal share and let defendants prove there is no equal share.
Well generally the burden of proving is on the person claiming the right but in this case there was a void and in these type of situations basic constiutional ethos must be kept in mind such as equality.
#HSA@CurrentLegalGK
#SUCCESSION@CurrentLegalGK
π4β€3π1π1
ππΌπΎπΈπ βπββπΌβπ πΈπ½π½πΈπβπ πΉπͺ- βππ₯π¦π£ππ ππ¦π€π₯πππ β’
Rape Case Can Be Quashed Based On Settlement Between Parties In Exceptional Circumstances : Supreme Court https://www.livelaw.in/supreme-court/rape-case-can-be-quashed-based-on-settlement-between-parties-in-exceptional-circumstances-supreme-court-297783
π§
FACTS: One FIR was filed for unlawfull assembly and in reaction another FIR was filed for Rape, both parties agreed to settle.
βAt the outset, we recognise that the offence under Section 376 IPC is undoubtedly of a grave and heinous nature. Ordinarily, quashing of proceedings involving such offences on the ground of settlement between the parties is discouraged and should not be permitted lightly. However, the power of the Court under Section 482 Cr.P.C. to secure the ends of justice is not constrained by a rigid formula and must be exercised with reference to the facts of each case.β, the court observed.
#BNSS@CurrentLegalGK
MADHUKAR v. STATE OF MAHARASHTRA 2025
FACTS: One FIR was filed for unlawfull assembly and in reaction another FIR was filed for Rape, both parties agreed to settle.
βAt the outset, we recognise that the offence under Section 376 IPC is undoubtedly of a grave and heinous nature. Ordinarily, quashing of proceedings involving such offences on the ground of settlement between the parties is discouraged and should not be permitted lightly. However, the power of the Court under Section 482 Cr.P.C. to secure the ends of justice is not constrained by a rigid formula and must be exercised with reference to the facts of each case.β, the court observed.
#BNSS@CurrentLegalGK
π3β€1