Supreme Court

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Supreme Court Overrules PV Narasimha Rao, Holds Bribery Not Protected by Parliamentary Privilege — Legislators Who Accept Bribes for Speech or Vote Are Not Immune from Prosecution Under Articles 105(2) and 194(2) of the Constitution....

The Supreme Court of India, in a seven-judge bench decision, overruled its earlier majority judgment in PV Narasimha Rao v. State (CBI/SPE) (1998) 4 SCC 626, holding that parliamentary privilege under...

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Supreme Court Sets Aside High Court Order Quashing FIR in Non-Compoundable Offences Without Consent of Injured Complainant. Settlement with One Victim Insufficient to Quash Proceedings Where Original Complainant and Injured Party Opposed Compromise....

The appellant, Anil Mishra, lodged an FIR on 07.08.1999 alleging that he and Respondent No. 5 were beaten and injured by accused persons wielding firearms, and that Respondent No. 5 was abducted. A ch...

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Supreme Court Partly Allows Appeal in Partition Suit — Upholds High Court's Decree for 5/9th Share but Sets Aside Sale to Third Party. Defendant No. 7's Sale of Joint Family Property to Defendant No. 9 Held Void as Purchaser Had Notice of Pending Suit....

The case pertains to a partition suit filed by Kumar Vamanrao alias Alok, Kumar Vyas alias Prateek, and Aruna (plaintiffs) against Sudheendra (defendant No. 1) and others, seeking a 5/9th share in the...

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Supreme Court Upholds Will Genuineness in Property Dispute — Registered Will Not Vitiated by Suspicious Circumstances Despite Non-Mention of Heirs. Testator's Conscious Decision to Bequeath Part Property to Niece Upheld as Valid Exercise of Testamentary Power Under Indian Succession Act, 1925....

The case pertains to a dispute over the genuineness of a registered Will dated 09.10.1984 executed by Palaniandi Udyar in favour of Navamani Amma, who is the daughter of the testator's brother. The te...

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Supreme Court Dismisses Petition for Appointment of Arbitrator in Franchise Dispute Due to Ex-Facie Time-Barred Claims. Limitation Act, 1963 applies to Section 11(6) applications under the Arbitration and Conciliation Act, 1996, and the court may refuse reference where claims are hopelessly barred by limitation....

The petitioner, M/s Arif Azim Co. Ltd., a company based in Afghanistan, filed a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator for disp...

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Supreme Court Acquits Accused in Abetment to Suicide Case Due to Lack of Evidence of Instigation. Conviction under Section 306 IPC Set Aside as Alleged Threat Did Not Constitute Abetment....

The Supreme Court allowed the appeal against the conviction of the appellant under Section 306 IPC for abetment to suicide. The appellant was a former tenant of the deceased's father. The prosecution ...

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Supreme Court Dismisses Appeal for Specific Performance of HUF Property Sale Agreement Due to Plaintiff's Inequitable Conduct. Suppression of Material Facts and Inconsistent Pleadings Disentitle Equitable Relief Under Section 20 of Specific Relief Act, 1963....

The appeal arose from a suit for specific performance of an agreement for sale dated 16th January 1980 executed by the defendant (Brij Bhushan Chaudhary) in favour of plaintiff no.1 (Major General (re...

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Supreme Court Reverses High Court Decision in Property Dispute Involving Will and Sale Deed. The Court held that a Will dated 23.03.1977 was duly proved under Section 63 of the Indian Succession Act, 1925, and Section 68 of the Evidence Act, 1872, making the legatee the owner, and a subsequent sale deed was invalid as the legatee was not a party....

The dispute centered on ownership of a house property in Katni, involving a Will executed by Babulal in 1977 in favor of his grandson Meghraj and a sale deed executed in 1979 by Babulal's family membe...

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Supreme Court Refers Matter to Larger Bench on Automatic Vacation of Stay Orders Under Article 142 of the Constitution. The Court expressed reservations about directions in Asian Resurfacing that interim stay orders automatically lapse after six months, holding that such automatic vacation without judicial application of mind could cause miscarriage of justice....

The Supreme Court, in a judgment authored by Justice Abhay S. Oka, addressed the correctness of directions issued in Asian Resurfacing of Road Agency Private Limited & Anr. v. Central Bureau of Invest...