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Latest legal precedents explained in simple terms - Page 2 of 3
Supreme Court rules DNA testing cannot be ordered as matter of course - sets aside High Court's direction for DNA testing. Court emphasizes conclusive presumption of legitimacy under Section 112 Evidence Act and right to privacy, stating prosecution failed to establish non-access between married couple during relevant period.
Read AnalysisSupreme Court rules that order rejecting plaint under Order VII Rule 11 CPC is a decree under Section 2(2) CPC and appealable under Section 13(1A) of Commercial Courts Act, 2015 - plaintiff cannot be left without remedy.
Read AnalysisSupreme Court rules that land purchase/sale transactions with profit margin don't constitute 'Real Estate Agent' services - mere facilitation of property transfer falls under sale transaction exception, not taxable service.
Read AnalysisSupreme Court rules unilateral termination of agreement to sell is impermissible except for determinable contracts - subsequent purchasers with notice of prior agreement cannot claim bona fide purchaser status when termination was invalid and without refund of earnest money.
Read AnalysisSupreme Court rules that value of duty-paid bought-out items delivered directly at buyer's site cannot be included in assessable value of boilers cleared in completely knocked down (CKD) condition, as the erected boiler becomes an immovable property and hence not excisable goods.
Read AnalysisSupreme Court sets aside arbitral award that attempted to rewrite contractual terms contrary to Railway Board's policy directives. Court rules arbitrator exceeded jurisdiction by ignoring binding policy circulars and contractual terms agreed upon by parties.
Read AnalysisSupreme Court strikes down Bihar rules requiring mutation certificates for property registration, ruling they are ultra vires the Registration Act and violate constitutional right to freely dispose of property.
Read AnalysisSupreme Court rules that 'previous Financial Year' in tender documents must be interpreted reasonably considering statutory ITR filing deadlines - highest bidder wrongly excluded for not submitting ITR that wasn't yet due.
Read AnalysisSupreme Court establishes that grounds of arrest must be provided in writing in all criminal cases, with exceptions only for flagrante delicto offences where written grounds must be supplied at least 2 hours before remand hearing.
Read AnalysisSupreme Court rules High Court erred in quashing dowry harassment FIR by examining credibility of allegations - absence of specific dates in earlier complaints doesn't make FIR an afterthought when prima facie case exists under Section 498A IPC and Dowry Prohibition Act.
Read AnalysisSupreme Court rules State Government cannot file appeal against acquittal in cases investigated by CBI - only Central Government has authority. Court clarifies mutual exclusive division in appeal rights under Section 378 CrPC and condones CBI's delay to ensure grave conspiracy murder case is heard on merits.
Read AnalysisSupreme Court rules that repetitive use of the word "arbitration" in a contract clause doesn't create a valid arbitration agreement when the clause lacks essential elements like finality, binding effect, and neutral adjudicators. The Court emphasized that substance matters more than form in arbitration agreements.
Read AnalysisSupreme Court upholds disqualification of elected councillor for failing to disclose conviction under Section 138 of Negotiable Instruments Act in election nomination form. Court rules that subsequent acquittal after election doesn't cure the defect - candidate's eligibility is determined as of nomination date.
Read AnalysisSupreme Court rules that when appellants die before appeal hearing and legal heirs aren't substituted, the appellate court's judgment is a nullity. The original trial court decree becomes executable, not the modified appellate decree.
Read AnalysisSupreme Court validates registered release deeds that severed family members from coparcenary rights and rules unregistered partition deed (palupatti) can be used to prove severance of joint status and subsequent separate possession, leading to recalculation of property shares among remaining family members.
Read AnalysisSupreme Court rules private operators cannot ply on inter-state routes overlapping notified intra-state routes - approved transport schemes override inter-state agreements under Motor Vehicles Act.
Read AnalysisSupreme Court rules that police investigation under Section 156(3) CrPC must proceed when prima facie evidence of forged documents submitted to court exists - High Court cannot quash FIR at initial stage when fake stamp papers and fabricated rent agreements are produced to mislead court proceedings.
Read AnalysisSupreme Court rules that objections under Section 47 CPC cannot reopen arbitral awards that have attained finality through Supreme Court approval - mere fraud allegations against company officials without prima facie evidence don't render award inexecutable.
Read AnalysisSupreme Court rules ground-floor commercial use doesn't automatically permit upper-floor commerce - owners must pay conversion charges, penalties for excess construction, and remove illegal structures to claim de-sealing.
Read AnalysisSupreme Court rules that investigating agencies cannot summon advocates merely for giving legal opinions or representing clients, protecting lawyer-client privilege under Section 132 BSA. Exceptions require credible evidence of lawyer's criminal involvement beyond professional duty.
Read AnalysisSupreme Court rules that tender authorities cannot reject bids for submitting financial capacity certificates from qualified professionals when tender documents don't explicitly require District Magistrate certificates.
Read AnalysisSupreme Court rules that unexplained 4-year delay by arbitrator resulting in indecisive award violates public policy - such awards can be set aside, and Court can use Article 142 powers to impose final settlement after 16-year legal battle.
Read AnalysisSupreme Court rules insurance companies cannot deny genuine fire claims when surveyor cannot determine exact fire cause - policyholder only needs to prove fire occurred and caused loss, not the scientific origin.
Read AnalysisSupreme Court invokes Article 142 to grant divorce and approve ₹1 Crore permanent alimony for marriage irretrievably broken after 15+ years of separation, quashing all ongoing cases between spouses for final closure.
Read AnalysisSupreme Court rules that when sellers accept additional payment after a contract's deadline, they waive their right to cancel for that delay. The contract remains alive and original buyer can enforce specific performance even if property is sold to relative.
Read AnalysisSupreme Court rules that consistent and reliable dying declarations can form the sole basis for conviction, even with minor discrepancies in later statements. The first declaration to medical professionals carries significant weight when corroborated by physical evidence.
Read AnalysisSupreme Court rules conviction based solely on circumstantial evidence requires unbroken chain pointing only to guilt - flawed investigation with gaps and ignored witnesses entitles accused to benefit of doubt.
Read AnalysisSupreme Court reaffirms vicarious liability under Section 149 IPC - all members of unlawful assembly equally responsible for crimes committed by any member in pursuit of common object, including drivers and facilitators.
Read AnalysisSupreme Court upholds "pay and recover" principle - insurance company must compensate victims even when bus travels on unauthorized route, but can recover full amount from vehicle owner who violated permit conditions.
Read AnalysisSupreme Court acquits public servant, ruling that recovery of money from desk drawer without proof of demand and acceptance is insufficient for conviction under Prevention of Corruption Act.
Read AnalysisSupreme Court rules that converting unpaid bills into redeemable preference shares transforms creditors into shareholders - they cannot file for corporate insolvency as the debt becomes capital investment, not loan.
Read AnalysisSupreme Court clarifies that offence of threatening witnesses under Section 195A IPC is cognizable - police can directly register FIR without following Section 195(1)(b)(i) CrPC procedure. Witnesses can approach police or file complaint under Section 195A CrPC.
Read AnalysisSupreme Court rules all participants can be convicted for murder if they shared common intention to cause death, even in mutual fights. Mere 'free fight' and injuries on both sides doesn't reduce offense from murder to culpable homicide.
Read AnalysisSupreme Court rules innocent vehicle owners can get vehicles back immediately during trial if they prove no knowledge of drugs hidden by employees - 2022 NDPS Rules cannot override court's power to grant interim custody.
Read AnalysisSupreme Court sets aside dismissal of railway employee, ruling that charges of illegal gratification and other misconduct were not proved due to lack of evidence and non-examination of key witness, ensuring fair enquiry standards.
Read AnalysisSupreme Court rules that continuous intellectual property theft creates inherent urgency - delay in gathering evidence doesn't force companies into mediation when infringement persists.
Read AnalysisSupreme Court rules government failure to implement transgender protection laws constitutes discrimination - mandates equal opportunity policies, compensation for victims, and 3-month deadline for state compliance.
Read AnalysisSupreme Court rules temporary business inactivity doesn't mean cessation - companies can claim expenses and carry forward losses during lean periods if they show genuine business continuity efforts.
Read AnalysisSupreme Court acquits accused due to major contradictions in eyewitness testimony regarding the genesis and place of occurrence. Establishes that conviction cannot stand on unreliable evidence.
Read AnalysisSupreme Court rules Administrative Tribunal is first stop for government service disputes, cannot directly approach High Court for routine recruitment issues.
Read AnalysisSupreme Court: CBI investigation is extraordinary power, cannot be ordered based on mere doubt or assumption without strong evidence.
Read AnalysisSupreme Court clarifies agreement to sell doesn't transfer ownership - property forms part of inheritance under Muslim law until registered sale deed.
Read AnalysisSupreme Court clarifies waitlists have limited validity under constitutional principles, cannot create permanent employment rights.
Read AnalysisSupreme Court reaffirms property disputes with complex inheritance questions deserve full trial, cannot be dismissed prematurely on technical grounds.
Read AnalysisSupreme Court clarifies proper compensation calculation including all salary components and actual tax deductions for young professionals.
Read AnalysisSupreme Court clarifies enhanced market value compensation rights and rental compensation requirements for unauthorized government land use.
Read AnalysisSupreme Court reaffirms circumstantial evidence can convict in domestic crimes when accused provides false explanation.
Read AnalysisSupreme Court rules criminal cases for false caste certificates must proceed to trial, no automatic quashing allowed.
Read AnalysisSupreme Court clarifies minor's testimony with medical, forensic evidence sufficient for conviction under POCSO and SC/ST Acts.
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