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IMPORTANT POINT
Kidnapping, murder and disappearance of evidence – Conviction and sentence cannot be based only on the basis of last seen theory. ,17 Sep 2025
Supreme Court of India
IMPORTANT POINT
Custody of child – Welfare of child should prevail over other factors. ,16 Sep 2025
Supreme Court of India
IMPORTANT POINTS
(1) Right of a Karta to sell joint family property is well settled – Karta enjoys wide discretion with regard to existence of legal necessity and in what way such necessity can be fulfilled – Whether legal necessity existed justifying sale would depend on facts of each case.
(2) Onus of proof on stranger-purchaser cannot run counter to principle of reverse burden enshrined in Section 106 of Evidence Act, 1872 and saddle him with liability to prove facts which are within special knowledge of coparceners of HUF. ,16 Sep 2025
Supreme Court of India
IMPORTANT POINTS
(1) Creation of Waqf – Unless rules are made by Central Government by exercising its rule-making power under Section 109 of Amended Waqf Act, provision of Section 3(r) of Amended Waqf Act requiring a person to show or demonstrate practice of Islam for at least 5 years in order to dedicate a movable or immovable property for the purpose of creating a waqf cannot be given effect to – However, no case is made out to stay provisions of entire statute.
(2) Registration of every Waqf is necessary.
(3) Courts should be very slow in granting interim relief by way of staying provisions of an enactment.
(4) Central Waqf Council should not have non-Muslim members exceeding 4 in number and 3 non-Muslim members insofar as Board is concerned.
(5) Title of Property – Issue with regard to determination of title of property, as a Government property or not, can be finally decided by Tribunal and any person aggrieved by order of Tribunal may file appeal to jurisdictional High Court.
(6) Waqf by User – If legislature, in 2025, finds that on account of concept of “Waqf by User”, huge government properties have been encroached upon and to stop said menace, it takes steps for deletion of said provision, said amendment, prima facie, cannot be said to be arbitrary.
(7) Protection of ancient monuments and properties belonging to Scheduled Tribes – Section 5 of Waqf (Amendment) Act, 2025 upheld. ,15 Sep 2025
Supreme Court of India
IMPORTANT POINT
Abetment of suicide and criminal intimidation – Benefit of probation cannot be extended in heinous offences. ,15 Sep 2025
Supreme Court of India
IMPORTANT POINT
Criminal law ought not become a platform for initiation of vindictive proceedings to settle personal scores and vendetta – Route through criminal proceedings, when no ingredient of offence is made out, cannot be permitted. ,15 Sep 2025
Supreme Court of India
IMPORTANT POINT
It is father’s duty to provide for his children, and meeting marriage expenses of his daughter. ,12 Sep 2025
Supreme Court of India
IMPORTANT POINTS
(1) Limitation – Issue of limitation is ordinarily a mixed question of fact and law and it may not be possible to throw out a complaint at threshold without collecting material on factual aspects relating to limitation.
(2) Sexual harassment – Distinction has to be made between a “continuing wrong” and a “recurring wrong”.
(3) It is advisable to forgive wrongdoer, but not to forget wrongdoing. ,12 Sep 2025
Supreme Court of India
IMPORTANT POINTS
(1) Limitation – Condonation of delay – Phrase “within such period” signifies that period covered therein extends to not only original period within which, appeal or application, should have been filed, if not for delay, but also period taken in addition to prescribed period of limitation for filing such appeal or application.
(2) Limitation – Condonation of delay – No litigant should be permitted to be so lethargic and apathetic, much less be permitted by courts to misuse process of law.
(3) Adoption of a rigid and uncompromising standard towards State in matters of condonation of delay, would, in substance, punish public for delays that are occasioned by systemic and institutional constraints rather than by deliberate inaction or negligence.
(4) Rules of limitation are not meant to destroy rights of parties – They are meant to see that parties do not resort to dilatory tactics, but seek their remedy promptly.
(5) Interpretation of Statute – While construing a provision, meaningful effect should be given to each and every word used by Legislature within text of the provision. ,12 Sep 2025
Supreme Court of India
IMPORTANT POINTS
(1) Segregation of trial – Unilateral order for a separate charge-sheet and segregated trial, passed without notice or application, violates basic principles of procedural fairness inherent in Article 21.
(2) Procedural fairness and statutory compliance cannot be sacrificed for administrative convenience or retrospective justification – Expediency must operate within bounds of fairness.
(3) Right to equal access to justice is an essential facet of rule of law, and no person, whether a sitting MLA or an ordinary citizen, can be subjected to procedural disadvantage or preferential treatment without express legal justification.
(4) Joint Trial – Discretion to file a charge-sheet lies solely with investigating agency – Even where multiple charge-sheets are filed, if offences arise out of same transaction, they must be tried together. ,12 Sep 2025
Supreme Court of India
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