Kayade Pundit

04/04/2024

Full Court Reference in the memory of Late Senior Advocate Fali S. Nariman.

On 04.04.2024 Supreme Court of India is conducting Full Court Reference to pay gratitude and homage for contribution of Senior Advocate and Jurist Fali Nariman.

Please see the direct live telecast on

Full Court Reference in the Memory of Late Shri Fali S. Nariman, Senior Advocate.

08/02/2024

Caste/Religion of a litigant not to be Mentioned in the Memo of Parties

The Supreme Court of India vide order dated 10th January, 2024, passed in Shama Sharma versus Kishan Kumar (Transfer Petition (C) No.1957 of 2023), observed that there is no need to mention caste of the parties in the memo of parties. Pursuant to those observation Supreme Court issued circular stating that caste or religion of parties shall not be mentioned in the memo of parties of a petition/proceeding. The Court further directed all the High Courts to ensure that the caste/religion of a litigant does not appear in the memo of parties in any petition/suit/proceeding filed before the High Court or the Subordinate Courts under their respective jurisdictions.

For detail circular please click here

28/01/2024

Indian Supreme Court Entered into 75th Year

Supreme Court of India is celebrating commencement of Diamond Jubilee Year. 28 January 1950 Supreme Court of India conducted its first proceeding and today it turned into 74 year and entering into 75th year. In its whole journey the Supreme Court of India has come up with strong protector of Constitution of India. Through its various landmark, path breaking and torch bearing judgments it has become the most respectful and powerful Court of Justice in the world.

On this occasion the SCI has inaugurated 3 new platforms.
1. New Website www.sci.gov.in
2. Digital open access Supreme Court Reporter. Online search engine and easy access to all reported judgments of Supreme Court of India. Available at https://digiscr.sci.gov.in/
3. Digital Courts 2.0

26/11/2023

India Celebrates 74th Constitution Day

Today on 26 November 1949, the constituent assembly of India adopted Constitution of India and it came into force from 26 January 1950. On this occasion we wish you our readers Happy Constitution Day. Worlds largest democracy is standing on the beautiful peace of writing that is Constitution of India: Mother of all laws, rules and regulations in India.

On this occasion the Supreme Court of India published Justice Clock to indicate real time data of pendency and disposal of the cases. You can watch the Justice Clock at https://registry.sci.gov.in/virtualjustice_clock/index.php

The Supreme Court of India has also released webpage to commemorate Centenary of Dr. B.R. Ambedkar's enrollment as an advocate. You can watch the page at https://main.sci.gov.in/AMB/home

In addition to this Supreme Court of India also released Coffee Table E-Book on digital transformation in Indian Judiciary. It covers journey of Indian Judiciary from 2005 onwards. You can read the E-book at https://ecourts.gov.in/ebook/mobile/index.html

India is changing with change in technology. In this phase of transformation one thing is constant and eternal and that is Indian Constitution. We are living freely, fairly and without fear only because of our Constitution. It is our duty to nurture constitutional morality and constitutional culture in our society.

We wish you again a very Happy Constitutional Day.

01/09/2023

01/09/2023

Children from Void Voidable Marriages claim rights in the parents property Not else: Supreme Court of India

"In a reference to three judge bench in Revanasiddappa & Anr. Vs. Mallikarjun & Ors. the Supreme Court of India held that
For the purpose of ascertaining the interest of a deceased Hindu Mitakshara coparcener, the law mandates the assumption of a state of affairs immediately prior to the death of the coparcener namely, a partition of the coparcenary property between the deceased and other members of the coparcenary. Once the share of the deceased in property that would have been allotted to him if a partition had taken place immediately before his death is ascertained, his heirs including the children who have been conferred with legitimacy under Section 16 of the HMA 1955, will be entitled to their share in the property which would have been allotted to the deceased upon the notional partition, if it had taken place"

Meaning thereby Children born out of void and voidable marriages shall claim shares in the parents property not in the ancestral property as a coparcener.

Today on 01.09.2023 the Apex Court of India while interpreting the provisions of S. 16 of Hindu Marriage Act (HMA) and S. 3(1) (j), 6 and 8 of Hindu Succession Act held that 'the Section 16(3) of the HMA 1955 which indicates that child who is conferred with legitimacy under sub-sections (1) and (2) will not be entitled to rights in or to the property of any person other than the parents.

This is important judgment as there are thousands of suits are pending in High Courts and lower courts. As the Supreme Court has clarified the S.16 (3) HMA it will be easier for the lower courts to decide these suits expeditiously.

While deciding the case the Apex Court has clarified that the present reference is confined to Joint Hindu families governed by Mitakshara law.

For detail reading of a Judgment please click below link

26/04/2023

Happy World Intellectual Property Day
Accelerate Innovation, Gear up Creativity and Explode into Growth.

Innovation is unending process. Creativity is an art of Human Animal. This IP day will make your life more smooth, better and happy.

This year World Intellectual Property Organisation is celebrating IP day with a campaign :

1. To Celebrate the amazing achievements of women inventors, creators and entrepreneurs around the world, and
2. To redouble efforts to promote inclusion and diversity in all areas of our work, to ensure the development of innovation ecosystems that are accessible to all genders.

Let's make Intellectual Property as Inclusive Property for all.