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Articles tagged #SupremeCourtOfIndia
Motor Accident Claims Tribunal Compensation Must Reflect Dominant Purpose and Beneficial Mandate of Motor Vehicles Act: Supreme Court
Reaffirming that the Motor Vehicles Act, 1988 is a beneficial welfare statute, the Supreme Court held in Dilip Agarwal v. Rajshri Agarwal that courts and tribunals must compute just compensation by keeping the dominant remedial purpose of restoring victims and dependents at the forefront.
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Section 138 Cheque Bounce Proceedings Cannot Be Quashed at Threshold Over Disputed Liability Amount: Supreme Court
Reiterating the scope of statutory presumptions under Sections 118 and 139 of the Negotiable Instruments Act, 1881, the Supreme Court held that factual disputes regarding the exact quantum of debt or partial repayment cannot be adjudicated in a quashing petition before trial.
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Property Inherited After Partition Under Section 8 Hindu Succession Act Is Self-Acquired; Son Cannot Sue Living Father for Partition: Supreme Court
Affirming the dismissal of a minor son's partition suit against his living father, the Supreme Court held that once ancestral property is partitioned, the divided share held by a male Hindu devolves under Section 8 of the Hindu Succession Act, 1956 as separate property, giving his son no birthright during his lifetime.
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Inherent Constitutional Powers to End Protracted Disputes: Supreme Court Invokes Article 142 to Quash Decade-Old Criminal Proceedings Against NTK Chief Seeman
The Supreme Court of India has exercised its plenary jurisdiction under Article 142 of the Constitution to quash a 14-year-old criminal case against Naam Tamilar Katchi leader S. Seeman, ruling that perpetuating stale interpersonal disputes after mutual resolution serves no legitimate public purpose.
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Son Has No Right by Birth in Father's Partitioned Share: Supreme Court Dismisses Minor's Partition Suit Under Section 8 Hindu Succession Act
In J. Rajesh (Minor) v. M. Kumaran (Dead) & Others (2026 INSC 1208, decided on 06.11.2026), the Supreme Court affirmed that when property devolves upon Class I heirs under Section 8 of the Hindu Succession Act, 1956 and is partitioned, a son takes his divided share as absolute individual property and his son (grandson) acquires no right by birth during his father's lifetime.
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Suit to Cancel Gift Deed Barred by Limitation After Three Years: Supreme Court Rules Period Runs from Knowledge of Deed, Not Cessation of Undue Influence
In D. Kalidasreddy & Another v. Chennamma (K. Bharathi) (2026 INSC 1209, decided on 29.10.2026), the Supreme Court reversed concurrent decrees of three lower courts and dismissed a daughter's suit filed after 23 years to cancel a 1974 registered gift deed executed in favor of her father, holding that under Article 59 of the Limitation Act, 1963, limitation begins when the donor has knowledge of the true nature of the instrument, not when parental influence ends or profits cease.
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