While applying the provisions of divorce, the Court must adopt ‘social-context thinking’, cognisant of the social and economic realities, as well as the status and background of the parties. – Supreme Court The Court emphasised that the Trial Court and the High Court should not adopt a hyper-technical and pedantic approach in declining the decree of divorce. In the light of this observation the Court granted divorce where both the parties have moved away and settled in their ...

Certified copy given under Section 57 of the Registration Act shall be admissible for the purpose of proving the contents of its original document. –– Supreme Court Appaiya v. Andimuthu@ Thangapandi Hon’ble Justice B.R. Gavai & Hon’ble Justice C.T. Ravikumar Decided on 20th September, 2023 For full textclick here

[SARFAESI] Right of the borrower to redeem the secured asset stands extinguished on the very date of publication of the notice for public auction and does not extend till the completion of the sale or transfer of the secured asset in favour of the auction purchaser. –– Supreme Court Celir LLP v. Bafna Motors (Mumbai) Pvt. Ltd. Hon’ble Chief Justice of India Dr. Dhananjaya Y. Chandrachud & Hon’ble Justice J.B. Pardiwala Decided on September 21, 2023 For full textclick...

Mere existence of a dispute over paternity does not necessarily mandate the court to order a DNA or similar test to settle the matter.–– Kerala High Court The Court ruled that it is only in rare and exceptional cases of compelling nature, that the utilization of DNA tests or other scientific methods becomes indispensable to conclusively address the dispute.DNA tests cannot be resorted to clear a suspicion regarding the paternity of the child, in the absence of specific denial of pa...

SC allows the premature release of a life convict who committed murder of a woman. The Writ Petitioner, a life convict who has served 34 years of sentence has sought premature release as he was denied the relief by the government citing the existence of policy which prohibits release of prisoner who commits an offence wherein a woman is killed. The Court allowing the petition opined that excluding the relief of premature release of prisoners who have served extremely long periods of incarcerat...