SC Opens Door To Scrapping ‘Talaq-e-Hasan’: “How Can This Survive In A Civilised Society?”
The Supreme Court recently indicated a possibility of abolishing Talaq-e-Hasan, a Muslim practice where a man can divorce his wife by uttering the word "talaq" once a month for three months. Background: The case arose from a 2022 Public Interest Litigation (PIL) filed by journalist Benazeer Heena, who challenged Talaq-e-Hasan as unconstitutional, arguing that the […]
Roster Mystery In SC: High Voltage Drama As Court Flags Irregular Case Transfer In Lignite Mining Row
A hearing in the Supreme Court, recently, in the dispute involving Rajasthan electricity distribution companies (discoms) and a JSW Group subsidiary took an unusual turn after Senior Advocate Shyam Divan raised concerns over the matter being de-listed from the roster bench without any reasons being provided. Background: The case concerns lignite mining in Rajasthan, operated […]
SC: Wrong Train, Still Right To Compensation—Railways Held Fully Accountable For ‘Baseless’ Defense
In a significant ruling reinforcing passenger rights, the Supreme Court bench of Justice Aravind Kumar and Justice NV Anjaria has directed the Railways to pay a compensation of Rs. 8 lakhs, along with 9% interest, to the parents of a man who lost his life in a railway accident after mistakenly boarding the wrong train. […]
SC Flags Major Flaw In Virtual Trials, Lays Down New Safeguard For Witness Confrontation
In a significant judgment in Raj Kumar @ Bheema v. State of NCT of Delhi, the Supreme Court introduced an important safeguard to make trials fairer when witnesses testify through video conferencing. A bench of Justice Vikram Nath and Justice Sandeep Mehta directed that whenever a witness is examined via video conferencing, the trial court […]
Tenants Beware: SC Says Appeals Can’t Be A Cover for Withholding Rent
In a significant ruling, the Supreme Court drew a clear line on what tenants can and cannot rely on when disputing rent. The Court held that if a tenant challenges a “fair rent” order but does not obtain a stay, they cannot simply avoid paying the revised amount by pointing to pending appeals. Without a […]
SC Calls Out ‘Afterthought’ Defences : Overturns NCDRC In Boiler Blast Case
In a notable ruling, the Supreme Court has allowed the insurance claim of a sugar factory whose boiler exploded in 2005, rejecting the insurer’s attempt to deny liability based on defects found only after the incident. A Bench of Justice P.S. Narasimha and Justice Manoj Misra held that insurers cannot avoid paying claims by relying […]
‘Let Everybody Know’: SC Wants Real-Time Disclosure Of HC Judgment Timelines
The Supreme Court, led by Justice Surya Kant and Justice Joymalya Bagchi, has taken an important step to improve transparency and accountability in the judiciary. The Court suggested that every High Court should set up a public dashboard on its official website showing key judgments timelines, such as the dates of reservation, pronouncement and upload. […]
Clarity on Evidence Act: SC Restricts Handwriting Comparison to Admitted Signatures Only
The Supreme Court recently drew a clear line on when Sections 45 and 73 of the Indian Evidence Act can be invoked, ruling that these provisions which allow expert comparison of handwriting and signatures apply only when the document used for comparison is an admitted one. A bench of Justice M.M. Sundresh and Justice Satish […]
No Need To Wait for Magistrate’s Order: SC Upholds HC’s Inherent Jurisdiction In DV Matters
The Supreme Court of India recently delivered an important judgment clarifying the procedural law under the Protection of Women from Domestic Violence Act, 2005 (DV Act). A bench comprising Justice Rajesh Bindal and Justice Manmohan heard an appeal challenging a December 10, 2024 order of the Madhya Pradesh High Court. Background: In the case, the […]
SC Lays Down Clear Rule — Arrests Without Written Grounds In A Language They Understand Violate Fundamental Rights
The Supreme Court has held that an arrest and subsequent detention become unlawful if the written grounds of arrest are not provided to the accused in a language they understand. A Bench of Chief Justice B.R. Gavai and Justice Augustine George Masih made this ruling in Mihir Rajesh Shah v. State of Maharashtra, where the […]