ValkyaEditorial

Tagged “section-8”

5 articles on section-8.

Landmark JudgmentSupreme Court of India

B.S. Lalitha v. Bhuvanesh: Section 6(5) is a narrow saving clause, not a jurisdictional bar

On 15 May 2026, a two-judge bench held that Section 6(5) of the Hindu Succession Act 1956 is a narrow saving clause that protects pre-20 December 2004 partitions from the retroactive coparcenary amendment of 2005, but does not bar a partition suit and does not displace daughters' independent Section 8 rights — which accrued on the intestate's death and pre-existed the 2005 amendment. An oral partition among sons alone cannot defeat the daughters' succession share, and a second Order VII Rule 11 CPC application on identical grounds is barred by res judicata.

Valkya Editorial··11 min
Landmark JudgmentSupreme Court of India

RBI v. Jayantilal Mistry: RTI, fiduciary privilege, and bank inspection reports

On 16 December 2015 a two-judge bench of the Supreme Court rejected the Reserve Bank of India's standing defence that its inspection reports, willful-defaulter lists and supervisory communications with banks were protected from disclosure under Section 8(1)(e) of the Right to Information Act 2005 as fiduciary information. The judgment is the foundational Indian authority on regulator–regulated transparency and continues to shape RTI practice into the DPDP era.

Valkya Editorial··11 min
Landmark JudgmentSupreme Court of India

Booz Allen v. SBI Home Finance: the foundational taxonomy of arbitrability and its six-category illustrative list

On 15 April 2011, a two-judge bench of the Supreme Court — Justice R.V. Raveendran writing — supplied the first authoritative analytical framework for arbitrability under the 1996 Act. The judgment installed the in rem / in personam taxonomy, enumerated six classic non-arbitrable categories, and held that a suit for enforcement of a mortgage by sale under Section 67 of the Transfer of Property Act 1882 is non-arbitrable. Booz Allen is the foundational anchor on which Vidya Drolia's four-fold test and Cox & Kings's group-of-companies doctrine were later built.

Valkya Editorial··14 min
Landmark JudgmentSupreme Court of India

B.S. Lalitha v. Bhuvanesh: how the Supreme Court clarified Section 6(5) of the Hindu Succession Act and the independent rights of Class I heirs

On 18 May 2026, a two-judge bench of Justices Sanjay Karol and Augustine George Masih clarified that Section 6(5) of the Hindu Succession Act, 1956 — which protects pre-2004 partitions from the retroactive coparcenary amendment of 2005 — does not create a jurisdictional bar to a partition suit and does not extinguish the independent statutory succession rights of Class I heirs under Section 8. The judgment reinforces the doctrinal architecture that Vineeta Sharma v. Rakesh Sharma (2020) had established and clarifies the relationship between the coparcenary line and the intestate succession line under the Hindu Succession Act.

Valkya Editorial··9 min
Landmark JudgmentSupreme Court of India

Vidya Drolia and the four-fold test: the Supreme Court reorders the law of arbitrability

On 14 December 2020 a three-judge bench of the Supreme Court, in Vidya Drolia v. Durga Trading Corporation, restated and tightened the in rem / in personam taxonomy of Booz Allen into a structured four-fold test for non-arbitrability, held tenancy disputes under the Transfer of Property Act arbitrable, overruled N. Radhakrishnan on the arbitrability of fraud, and recalibrated the standard of judicial review under Sections 8 and 11 in favour of competence-competence. A close reading of Justice Sanjiv Khanna's lead judgment, Justice Ramana's concurring opinion, the doctrinal architecture and what the bar should plead in the post-Vidya Drolia world.

Valkya Editorial··15 min