No Easement by Necessity if Alternate Way Exists

16 April 2024Posted inCivil law
The claimant of an easement right wouldn't be entitled to claim the easement right by necessity when there exists an alternative way to access the claimant’s land, apart from the way over which the easement rights were claimed, the Supreme Court (SC) says in Manish Mahendra Gala v Shalini Bhagwan Avatramani [2024 INSC 293].

No Transfer of Property Occurs If the Transferor has no Title

13 April 2024Posted inProperty & Succession
If someone tries to transfer property rights to another person through a legal document but doesn't actually own those rights, the new owner or their successors won't have the legal right to claim those rights from that document, says the Supreme Court in Kizhakke Vatakandiyil Madhavan (D) Thr LRS v Thiyyurkunnath Meethal Janaki [Citation : 2024 INSC 287].

SC deprecates HC’s Interference in SARFAESI Matters

13 April 2024Posted inCivil law
The Supreme Court (SC) , in PHR Invent Educational Society v UCO Bank & Others, deprecated the High Court's interference in the auction sale proceedings completed by the Bank, on behalf of the borrower, despite having statutory remedy of appeal under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).

Abetment of Wife’s Suicide under Section 306 IPC

10 April 2024Posted inCriminal law
A man cannot be held guilty for abetment of suicide of his wife, under Section 306 of the Indian Penal code (IPC) read with Section 113 A of the Indian Evidence Act (IEA), within seven years of marriage, unless there is cogent evidence of harassment or cruelty, the Supreme Court has said in Naresh Kumar v State of Haryana [2024 (1) KLD 427 (SC)].

Suppression of Facts & Repudiation of Insurance Claim

9 April 2024Posted inUncategorized
Suppression of details regarding the illness suffered by the insurance proposer/assured, the previous treatment administered to him including hospitalization, and so on, which are raised as specific queries in the proposal form of the insurance company are material facts, and in the event of any material suppression or furnishing of false information by the proposer/assured regarding the same, the Insurance Company would be entitled to repudiate the policy, says the Kerala High Court in Life Insurance Corporation v Rosamma Varkey.

Evidence must be Construed in favour of the Accused

5 April 2024Posted inCriminal law
On the basis of evidence on record in a court proceeding, if two equally sustainable views - one in favourable to the accused and the other against him - are equally possible, the court should take the one that is favourable to the accused, but not the other, says the Supreme Court (SC) in Chandrappa & Others v State of Karnataka

Stay Orders will not Expire in Six months: SC

5 April 2024Posted inCivil law, Criminal law
In High Court Bar Association Allahabad v State Of Uttar Pradesh & Ors, a Constitutional Bench of the Supreme Court (SC) on 29th February 2024 overturned its 2018 Asian Resurfacing judgment which mandated that the interim orders passed by High Courts staying trials in civil and criminal cases will automatically expire after six months from the date of the order, unless expressly extended by the High Courts.

Conviction based on Testimony of Sole Witness

31 March 2024Posted inCriminal law
A conviction of an accused can be recorded based on the testimony of the single witness. While doing so the court must be satisfied that the testimony of the sole witness is of sterling quality, free from any blemish or suspicion to connect solely on the testimony of single witness [Bhimappa Chandrappa Hosamani v State of Karnataka : 2006 AIR SC 5043].

Sanction Needed to order Investigation u/s 19 of PCA

28 March 2024Posted inCriminal law
The government sanction, under section 19 of the Prevention of Corruption Act (PCA), is a prerequisite for a court in ordering an investigation under Section 156(3) of the Code of Criminal Procedure (CrPC) on a private complaint, against a public servant, the High Court of Kerala states in  C.V. Balan & Ors. v. State of Kerala & Ors.