Know the Law
Know The Law | When Can High Courts Grant Relief Under Article 226 Beyond Pleadings? Supreme Court Explains
The Supreme Court recently clarified that although High Courts are ordinarily expected to remain confined to the pleadings and reliefs sought by parties, the rule is flexible while exercising jurisdiction under Article 226 of the Constitution. In exceptional cases, where the record clearly establishes a legal entitlement and denying relief on technical grounds would perpetuate injustice,...
Sonam Wangchuk Protest : Law On Hunger Strikes & Judicial Approach
On the 20th day of the hunger strike over exam paper leaks, Ladakhi activist Sonam Wangchuk was forcefully shifted by the Delhi Police from the Jantar Mantar protest site to a hospital. The Police fell back on a Delhi High Court order, which directed the authorities to monitor Wangchuk's health and adopt necessary medical interventions clinically, to justify its action. India is not new...
How To Prove A Will As Genuine? Supreme Court Explains Tests
In a significant ruling on the law governing wills, the Supreme Court has explained the principles courts must apply while determining whether a will is genuine. Reiterating settled legal principles, the Court said that although a will is proved like any other document, the law imposes additional safeguards because the maker of the will (the testator) is no longer alive to testify about...
Know The Law| When Can A Right Be Waived? Supreme Court Explains
The Supreme Court recently explained the concept of waiver of rights as an intentional relinquishment of a right, advantage, benefit, claim or privilege that the person may have enjoyed. Pertinently, the key to waiving a right is that it must first be known to the person; that is, he must be aware of his existing right. On May 13, a bench comprising Justice Dipankar Datta and Justice AG...
Know The Law | Which Documents Require Mandatory Proof Of Attestation? Supreme Court Explains
In an important ruling clarifying the scope of Section 68 of the Indian Evidence Act, the Supreme Court has explained that the statutory requirement of proving a document by examining an attesting witness applies only to documents that are required by law to be attested. A registered sale deed, the Court held, does not fall within this category and therefore need not be proved in the...
Is Application For Probate Of Will Time-Barred If Not Filed Within 3 Years Of Testator's Death? Supreme Court Answers
The Supreme Court has held the probate of Will need not be necessarily filed within three years of the testator's death. The Court added that right to apply for probate accrues when it becomes necessary to do so i.e., when an action hostile to the position established by the Will was taken.“The right to apply would therefore accrue from the date that it becomes necessary to apply....
Does Refusal By Family Members To Accept Court Notice Amount To Valid Service? Orissa High Court Answers
The Orissa High Court has reiterated that when an addressee refuses to receive summons/notice and the same is thus affixed to the outer door or some other conspicuous part of his house, the Court can presume its valid and sufficient service upon him as per illustration (f) of Section 114 of the Evidence Act read with Section 27 of the General Clauses Act and Order V Rule 9(5) as well as Rule...
Know The Law | Does Delayed Payment By Auction Purchaser Invalidate Sale Under SARFAESI Act?
The Supreme Court has recently addressed an important question under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) concerning the validity of the auction sale in an event of delay in payment of the sale consideration by an auction purchaser, holding that the statutory timeline prescribed is mandatory in nature,...
Hindu Marriage Can't Be Solemnised Or Dissolved Through Notarised Agreements: Madhya Pradesh High Court
The Madhya Pradesh High Court has held that a Hindu Marriage can neither be legally solemnised nor dissolved through a notarised agreement. [2026 LiveLaw (MP) 253]While dealing with the case of a deceased woman who during her lifetime executed a notarised divorce agreement with her husband and entered into a notarised marriage agreement with another man, the division bench of Justice GS...
Can Absconding Accused Claim Default Bail If Police Doesn't File Supplementary Chargesheet After His Arrest? MP High Court Answers
The Madhya Pradesh High Court has held that where a chargesheet has already been filed against an accused while he was absconding, there is no requirement for filing a supplementary chargesheet after his arrest. [2026 LiveLaw (MP) 252]The bench of Justice Dwarka Dhish Bansal while denying default bail to the accused held, "merely because the Investigating Agency sought time to conduct...