Spill the Beans
R.M. Malkani v. State of Maharashtra, (1973) 2 SCR 417 is locus classicus on determining admissibility of a tape-recorded conversation. When this Court decided Yusufalli Esmail Nagree v. State of...
View ArticleCompassionate Appointment VII
The idea of compassionate appointment is not to provide for endless compassion [I.G. (Karmik) v. Prahalad Mani Tripathi, (2007) 6 SCC 162]. Any appointment without considering financial condition of...
View ArticleRestitution of Conjugal Rights
Will a Husband, who secures a decree for restitution of conjugal rights, stand absolved of paying maintenance to his Wife if his Wife refuses to return to her matrimonial home? After having secured...
View ArticleIrretrievable Breakdown of Marriage IV
After a few mediation sessions before Supreme Court Mediation Centre, Sandesh submitted before us, he was not interested in pursuing a mediated settlement before Supreme Court Mediation Centre....
View ArticleJustice Dr. D.Y. Chandrachud’s Tenure
Hon’ble Justice J.B. Pardiwala described, ‘tenure’ is derived from Latin: ‘tenere’, which means ‘to hold’.”[1] In a ‘tenure’ what does one even ‘hold’ considering Hon’ble Justice Dr. D.Y. Chandrachud...
View ArticleMonsters-In-Law IV
Apart from a statement, there is nothing on record to substantiate ‘stridhan’ is with Former In-Laws of Daughter. Bobbili Ramakrishna Raja Yadav v. State of Andhra Pradesh, (2016) 3 SCC 309 held,...
View ArticleReferred to Larger Bench XXXIX: Maintenance in Bigamy
Chand Diwan v. Jawaharlal Diwan, (1993) 3 SCC 406 squarely covers point. We find no ground to disbelieve, fact of her previous marriage was not concealed from her present husband. A bigamous marriage...
View ArticleCriminal Proceedings in Marriages
Many times, Parents including Close Relatives of a Wife make a mountain out of a mole. No sooner it reaches Police, fair chances of reconciliation would get destroyed. The foundation of a sound...
View ArticleSection 106 of The Indian Evidence Act
Section 106 constitutes an exception to Section 101 of The Indian Evidence Act, 1872. Shambu Nath Mehra v. State of Ajmer, (1956) 1 SCR 199 has stood the test of time. Thus, Section 106 will apply to...
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The Fundamental Right to Marry
Supriyo @ Surpiya Chakraborty v. UoI Writ Petition (Civil) No. 1011 of 2022 My Lord, LGBTQ persons have a right to marry a person of their choice regardless of religion, gender and sexual orientation?...
View ArticleRandom Collectibles of Justice M.R. Shah at Supreme Court
02-11-2018 – 15-05-2023 The rule flowing from the maxim ‘generalia specialibus non derogant’ has been i) considered in Hari Shankar Jain, (1978) 4 SCC 16 and ii) explained in Mary Seward v. Owner of...
View ArticleIrretrievable Breakdown of Marriage III
Neeti Malviya, T.P. (C) No. 899 of 2007 was rendered infructuous. _____ My Lord, Court can grant divorce in exercise of power under Article 142(1), in spite of opposition, when there is complete and...
View ArticleClaim of Juvenility V / Review of Death Penalty XXXV
This is an application under Section 9(2) of The Juvenile Justice (Care and Protection of Children) Act, 2015. As regards maintainability, Vinod Katara v. State of Uttar Pradesh, 2022 SCC OnLine SC...
View ArticleThe Proof of Valid Wills V
The presumption under Section 90 of The Evidence Act, 1872 is inapplicable when it comes to proof of Wills which have to be proved in terms of Sections 63(c) of The Succession Act, 1925 and Section 68...
View ArticleCompassionate Appointment VI
Lindsay Petroleum Co. v. Prosper Armstrong, (1874) 3 PC 221; Sushma Gosain v. Union of India, (1989) 4 SCC 468; Umesh Kumar Nagpal v. State of Haryana, (1994) 4 SCC 138; Jagdish Prasad v. State of...
View ArticleScience for Everyone: DNA VI
Ajinkya alleged, Aparna was in an adulterous relationship with Kshitij Bafna. He found certain intimate messages. Ajinkya caused a DNA test at DNA Labs India. DNA Test Report indicated, “probability...
View ArticleContempt Jurisdiction X
Court convicted the contemnor for having committed civil and criminal contempt. It had become evident, the contemnor has, in his well-calculated and deliberate scheme of things, given assurances and...
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The Proof of Valid Wills IV / Non-Reportable Mirzapur
Ishwarbhai Madhavbhai Patel served in the Armed Forces from 1961 till his retirement in 1976. In 1990, Ishwarbhai is said to have started ‘Protection and Security Services’. Ishwarbhai breathed his...
View ArticleReferred to Larger Bench XXXII: Hijab II
The ‘essential religious practices’ of followers of Sikh faith cannot be made basis of wearing of Hijab/Headscarf by believers of Islamic faith. _____ Secularism is more than a passive attitude of...
View ArticleLord Hale’s Ghost Returns
The concept of dignity forms the very foundation to the Constitution and the rights enshrined in it [Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225]. _____ Statutes are considered to be...
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