Supreme Court Monthly Digest- October 2019
Live LawSuccession To Mutawalliship By Descendant Through Female Line Not Barred Md. Father's Self Acquired Property Given To Son By Will/Gift Retains Character Of Self Acquired Property Unless The Deed Intends Otherwise Govindbhai Chhotabhai Patel and ors v Patel Ramanbhai Mathurbhai The Supreme Court held that as per Mitakshara Law of Succession, father's self-acquired property given to son by way of Will/gift will retain the character of self acquired property and will not become ancestral property, unless a contrary intention is expressed in the testament.The bench comprising Justices L Nageswara Rao and Hemant Gupta was dealing with an appeal from the High Court of Gujarat. The bench comprising Justice Arun Mishra, Justice MR Shah and Justice BR Gavai observed that the Institutional Preference to the extent of 50% has been approved by the Supreme Court in various judgments. While withdrawing the conditions imposed by the March 20, 2018 judgment for arrest of a person under the SC/ST Act, the Supreme Court observed that the discrimination against the members of the Scheduled Castes and Scheduled Tribes is still prevalent in various parts of the country The bench comprising Justice Arun Mishra, Justice MR Shah and Justice BR Gavai observed that there can be no presumption that the members of the SC and ST may misuse the provisions of law as a class. The bench comprising Justice Deepak Gupta and Justice Aniruddha Bose struck down Section 13 of Chhattisgarh Rent Control Act, 2011, in so far as it provides an appeal directly to the Supreme Court, holding that the same is totally illegal, ultra vires the Constitution and beyond the scope of the powers of the State Legislature.