Landmark Supreme Court Judgments on Criminal law

 1)  D.K. Basu v. State of West Bengal (1997)

Laid down mandatory guidelines on arrest, rights of the arrested person, and protections against custodial torture.

2)  Joginder Kumar v. State of UP (1994)

Police cannot arrest a person merely because it has the power; arrest must be necessary and justified.

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What is Summary suit, grounds of defence and refusal of leave?

 In a summary suit under Order  CPC, the defendant has no right to defend as of course; he must first obtain leave to defend, and leave is refused only when the defence is sham, illusory, frivolous, or vexatious.student.

For a Judicial service interview, remember this formula: substantial defence or triable issue = leave granted; moonshine defence = leave refused.

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Notes on appeal from orders

 

1) Important provisions of S 104 of CPC- appeals from orders

https://www.lawweb.in/2026/04/important-provisions-of-s-104-of-cpc.html

2) Important provisions of Order 43 Rule 1 CPC - Appeal from orders

https://www.lawweb.in/2026/04/important-provisions-of-order-43-rule-1.html

3) S 105 of CPC explained- Appeal against orders

https://www.lawweb.in/2026/04/s-105-of-cpc-explained.html

4) Whether the order of appointment of court commissioner can be challenged in appeal from decree?

https://www.lawweb.in/2026/04/whether-order-of-appointment-of-court.html

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Questions and answers on law {Part 93}

 Q :- What are Coparcenary rights of daughter? Whether after death of daughter, her children can claim rights in coparcenary property?

Ans:- “Coparcenary is a narrower body within a Mitakshara joint Hindu family, consisting of persons who acquire an interest in coparcenary property by birth. After the Hindu Succession (Amendment) Act, 2005, under Section 6, the daughter of a coparcener also becomes a coparcener by birth in her own right, in the same manner as a son, with equal rights and liabilities, including the right to claim partition. The Supreme Court in Vineeta Sharma v. Rakesh Sharma clarified that this right of the daughter is by birth, and it is not necessary that the father should have been alive on 9 September 2005. However, the amendment does not reopen dispositions, alienations, partitions, or testamentary dispositions validly effected before 20 December 2004.So far as the daughter’s death is concerned, if she had acquired a share in the coparcenary property, that share devolves by succession upon her legal heirs. Therefore, her children can claim the share devolving through her, but they do not become coparceners in the maternal grandfather’s HUF merely by virtue of being her children.”

One liner

“Section 6 gives daughters equal coparcenary rights by birth. After her death, her interest devolves on her heirs; hence her children can succeed to her share, but they do not become coparceners in her father’s HUF solely on that basis.”

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