22/09/2023
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
view more22/09/2023
[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...
view more22/09/2023
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...
view more21/09/2023
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...
view more21/09/2023
Convenience of the wife is to be preferred over the convenience of the husband. Bombay High Court allows wife’s plea to transfer matrimonial cases The Court took a compassionate approach considering the diabetic condition of wife and held that although, diabetes may not be a serious condition, but the requirement of taking insulin and having a companion to travel is necessary, in as much as in a diabetic condition, a person can become hypoglycemic any time and if there is no companion to ...
view more