Supreme court
Madras High Court Directs BJP MLAs Accused Of Grabbing Temple Land To Return Possession, Subject Themselves To CID Probe
The Madras High Court has directed two BJP MLAs from Puducherry and their family members to return vacant possession of a temple land allegedly grabbed by them illegally, to Sri Kamatchi Amman Devasthanam.Justice SM Subramaniam also asked the father-son duo, A John Kumar and Vivilian Richards John Kumar, to subject themselves to probe being conducted by the Crime-Branch of...
Fake Court Order Produced With Petition : Supreme Court Directs Criminal Investigation, Says Role Of Advocate Be Examined
In a major development, the Supreme Court recently came across a petition in which a fabricated document was produced as an order passed by the Supreme Court itself.On realising that the order is fabricated, the Court ordered criminal investigation.“It is obvious from the report(of the registrar) that the document purporting to be a copy of the order of this Court which is marked...
Brunt Of Married Man's "Illicit Relationship" With Another Woman Falls On His Wife, Children: Punjab & Haryana High Court Imposes Cost
The Punjab and Haryana High Court recently expressed reservations over a married man living with a divorced woman, stating that the brunt of their "illicit relationship" had befallen on the man's wife and children.It dismissed the couple's protection plea against the man's wife stating that it's a mere "cover up" and directed them to pay cost of Rs. 25,000 to the wife.The couple alleged that...
Perjury | Not Every False Statement Made In Court Can Be Subject Matter Of Prosecution, Prima Facie Deliberate Intention Must: Karnataka High Court
The Karnataka High Court has said that before directing initiation of perjury proceedings against a party for making false statements before the court, it must form an opinion on being satisfied that the person charged has intentionally given false evidence/statements and such formation of opinion must be on consideration of materials duly placed before it.A single judge bench of...
Supreme Court Extends Disability Pension Claim Of Army Veteran For 10 Years As Allowed Under Pension Regulations For Army
The Supreme Court recently ruled in favor of the disability pension claim of a veteran who had served in the Indian Army for 15 years and was discharged in 1987 after he experienced cardiac discomfort. The Court noted that as per the medical Board's opinion there was no negligence on the part of the individual, and his records were exemplary. The only factor that went against him was...
Contractor Claiming Loss Of Profits Due To Delayed Execution Must Prove That Other Works Were Lost Due To Delay : Supreme Court
The Supreme Court Bench comprising Justice Sanjiv Khanna and Justice M.M. Sundresh, has held that in arbitral proceedings where the execution of a contract is delayed and the Contractor claims loss arising from depletion of income, then the Contractor must prove that there was alternative work available for him/her by placing on record invitation to tender, which were rejected by the...
As Condition To Relax Zoning Restriction, Govt Can Ask Land Owners To Transfer A Portion Free Of Cost For Public Utility : Supreme Court
The Supreme Court has that a condition imposed by the Government that the land owner should handover a part of land free of cost for public utility purpose in return of the permission granted for converting the nature of the use of the land cannot be held illegal.Holding so, the Court set aside the Bombay High Court’s order restricting the use of ‘amenity space’ which was allotted to...
Revision Petition Under S115 CPC Cannot Be Entertained Against Order Of Trial Court Rejecting Review Of Decree : Supreme Court
The Supreme Court on Tuesday (26.09.2023) held that a revision petition under Section 115 of the Code of Civil Procedure,1908 against rejection of a review application of an appealable decree by a subordinate court on merits cannot be entertained. “..where an appealable decree has been passed in a suit, no revision should be entertained under Section 115 of the CPC against an order...
When Can An Unregistered Lease Deed, Which Is Compulsorily Registrable, Be Admitted To Show Nature & Character Of Possession? Supreme Court Explains
The Supreme Court Bench comprising Justice Aniruddha Bose and Justice Vikram Nath, while interpreting Section 49 of the Registration Act, 1908, has held that an unregistered lease deed (which is otherwise compulsorily registrable) can be admitted in evidence to show the ‘nature and character of possession’, only when the ‘nature and character of possession’ is not the main term of...
Prioritise Cases Of HIV Positive Persons : Supreme Court Directs All Courts; Issues Directions To Centre & States To Enforce HIV Act
In a pathbreaking judgment delivered on September 26, the Supreme Court issued a series of vital directions to the Central and State Governments to ensure the effective implementation of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 (HIV Act).The Court further directed all Courts, Tribunals and quasi-judicial bodies in the country...
State of Chhattisgarh Withdraws Plea Filed in Supreme Court Challenging Section 50 of PMLA and ED's Powers
The State of Chhattisgarh on Wednesday withdrew a writ petition filed in the Supreme Court under Article 32 of the Constitution challenging Section 50 of the Prevention of Money Laundering Act, 2002, and the powers of the Enforcement Directorate (ED) conferred by the anti-money laundering statute. A bench of Justices Sanjiv Khanna and SVN Bhatti was informed today by a counsel appearing for...