Author: Priya Jain

SC: Muslim Widow Without Children Gets 1/4 Share of Husband’s Property under Mohammedan Law

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The Supreme Court in Zoharbee & Anr v. Imam Khan (2025 INSC 1245) ruled that a Muslim widow without children is entitled to one-fourth of her deceased husband’s estate under Mohammedan law. The Court rejected her claim for a larger share, holding that property under an unexecuted “agreement to sell” remains part of the estate until a registered sale deed is executed. Referring to Qur’an 4:12 and Mulla’s Principles of Mahomedan Law, the bench explained inheritance priorities and cautioned that inaccurate translations of trial court judgments may mislead appellate courts and affect outcomes.

SC Says Tribunal Matters Through Writ Petition Shouldn’t Be Taken Up by High Courts under 226

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The Supreme Court of India has ruled that High Courts should refrain from entertaining writ petitions under Article 226 in service recruitment disputes that fall within the exclusive jurisdiction of State Administrative Tribunals under the Administrative Tribunals Act, 1985. Deciding appeals related to teacher recruitment in Karnataka, the Court upheld a Division Bench order directing parties to approach the Karnataka State Administrative Tribunal (KSAT). It emphasized that no exceptional circumstances justified bypassing this remedy. The Court clarified that provisional select lists do not create vested rights and urged the KSAT to conclude the matter within six months.

SC Says Criminal Courts Can Only Fix Clerical Mistakes, Not Recall or review it’s judgement

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The Supreme Court held that criminal courts cannot review or recall their own final, signed orders except to correct clerical or arithmetical mistakes, and set aside the Rajasthan High Court’s recall and transfer of two FIR investigations to the CBI. It ruled that inherent powers under Section 482 (now Section 528 BNSS) cannot override the bar in Section 362 CrPC (now Section 403 BNSS). The Court restored finality to the earlier order and allowed parties to seek appropriate remedies.

SC Held Private Affidavit Not Enough to Add Offences Beyond Chargesheet by Trial Court

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The Supreme Court, in *Deepak Yadav v. State of Uttar Pradesh* (2025), ruled that trial courts cannot add charges not in the police chargesheet solely based on private witness affidavits. Courts must examine the complete investigation record or order further inquiry before taking cognizance of additional offences. The judgment emphasizes proper procedural safeguards, independent judicial assessment, and full disclosure of investigation materials under Sections 161, 172, and 190 CrPC. It reinforces fair trial rights, clarifies limits on judicial discretion in modifying charges, and ensures that courts do not mechanically rely on private submissions without verifying evidence and investigation integrity.

Governors Cannot Stall Bills Indefinitely, Says Supreme Court

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The Supreme Court is examining whether Governors can indefinitely delay assent to State Bills, following controversies in Tamil Nadu, Kerala, and West Bengal. A Constitution Bench led by CJI B.R. Gavai stressed that Governors “cannot behave like monarchs” or stall governance. The hearings stem from an April 2025 ruling granting a three-month window for assent, after which Bills gain “deemed assent.” The Centre sought clarity via a Presidential Reference under Article 143. With Articles 200–201 at stake, the Court’s decision will shape Centre-State relations and curb gubernatorial inaction.

Digital Privacy in India: Constitutional Protections and Statutory Safeguards

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India’s privacy regime combines the Supreme Court’s 2017 Puttaswamy ruling—making privacy a fundamental right with a legality-necessity-proportionality test—and the Digital Personal Data Protection Act, 2023 with draft Rules (2025). The law gives individuals rights (access, correction, erasure, consent withdrawal), requires fiduciaries to follow privacy-by-design, mandates breach notification, and allows penalties up to ₹50 crore. Draft Rules add DPIAs, DPOs, parental-consent rules and retention limits. Concerns remain about state exemptions and surveillance (Pegasus, Aadhaar), so continued oversight and stronger safeguards are urged.

India Implements Sweeping Financial Reforms from July 1, 2025: What Businesses and Taxpayers Must Know

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Effective July 1, 2025, India introduced major financial and compliance reforms spanning taxation, banking, and railways. Key changes include irreversible GST filings with a three-year filing cap, launch of a second e-way bill portal, and mandatory Aadhaar for new PAN applications. The ITR deadline for AY 2025–26 is extended to September 15, 2025. Banks revised credit card and ATM fees, while Indian Railways hiked fares and made Aadhaar authentication compulsory for Tatkal bookings. These measures aim to boost digital transparency and regulatory discipline, urging businesses and individuals to adopt stricter compliance and timely updates.

Supreme Court to Hear Presidential Reference on Powers of Governor and President Over State Bills: Key Questions on Constitutional Interpretation and Judicial Limits

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The Supreme Court will hear a Presidential Reference on July 22, 2025, to clarify the Governor’s and President’s powers in assenting to state Bills. The reference follows the Court’s April 2024 judgment setting timelines for assent, which sparked debate on judicial overreach. Fourteen key constitutional questions have been referred, including whether Governors’ and the President’s actions are justiciable, if courts can set timelines, and the scope of Article 142. The outcome will shape federalism, separation of powers, and the legislative process, influencing how state laws are enacted in India.