Supreme Court Lays Down Guidelines on Quantum of Maintenance Exercising Powers Under Article 142
On November 4th, the Supreme Court laid down general guidelines and directions with regards to the award of maintenance, while exercising its powers under Article 142 of the Constitution. Background A Division Bench comprising Justices Indu Malhotra and R. Subhash Reddy...
Supreme Court Assisted Upbringing by Maternal Grandparents Does Not Take Away from a Mother’s Right to Custody
Case: Mrs Ritika Sharan V Mr Sujoy Ghosh Coram: Justice Dhananjaya Y Chandrachud On October 28th, a three-judge SC bench held that assistance by grandparents in the upbringing of a child does not detract from the role of the mother and...
Supreme Court Refuses to Extend Lease to Miners for Obstructed Mining Period
On October 28th, SC directed a refund of the security deposit and advance royalties to leasehold miners while refusing to extend the lease for the obstructed mining period. Background The present litigation flowed from the concern to regulate mining activity in...
Supreme Court Holds That Nobody Is Entitled To a Direction Contrary To Law, Even if No Action Is Taken in Court
On 7th October, a two-judge bench of the Supreme Court set aside the High Court’s judgement directing the appointment of the respondents to the post of Constable (Executive), Delhi Police. The respondent was denied appointment under OBC Category post...
SC Holds That Tenant Continues To Be Liable For Rent/Damages Even If Premises Are Destroyed
On October 1st, a three-judge bench of SC held that a tenant continues to be liable for rent/damages even if the premises are destroyed. Moreover, a statement made before the Arbitrator cannot be permitted to be withdrawn which is...
SC Reiterates Law on Misconception of Fact Arising Out of Promise To Marry and Examination of Accused
On September 28th 2020, a three-judge Bench of the Supreme Court acquitted a rape Accused-Appellant in the case of Maheshwar Tigga v The State of Jharkhand. The court observed that misconception of fact arising out of a promise to...
Supreme Court Lays Down Law For The Precise Time For Publication Of E-Gazette For Determining The Enforceability Of The Notifications
On September 23, a three-judge bench of SC held that a notification under Section 8A(1) of the Customs Tariff Act, even though it has the effect of amending the First Schedule, takes effect prospectively. The Notification cannot be used...
Supreme Court Holds Owner Liable To Take Reasonable Care To See That His Employee Gets His License Renewed Within Time
On September 23, a three-judge bench affixed liability of the owner of a vehicle in the case of Beli Ram versus Rajinder Kumar. The owner must show that he has verified the licence. He must also take reasonable care...
Supreme Court Lays Foundation for Claim of Maintenance by Unmarried Major Hindu Daughter
On September 15th, the Supreme Court held that an unmarried and major Hindu daughter can claim maintenance from her father till she is married under Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956, provided she proves that...
Supreme Court Reiterates Law on Section 50 of NDPS Act Regarding Personal Search
On September 15th, the Supreme Court reiterated the law laid down in State of H.P. v. Pawan Kumar. In this case, it was held that Section 50 of the Narcotic Drugs and Psychotropic Substances Act can have no application...