Supreme court
HC's Decision Based On Admitted Documents & Not Disputed Facts: Supreme Court Dismisses Orissa Govt Plea
The Supreme Court recently upheld the judgment by the Orissa High Court in a land dispute involving the Industrial Infrastructure Development Corporation of Orissa (IDCO) and the heirs of a late Surgeon Vice Admiral. The Vice Admiral had filed a writ petition against the State of Orissa and IDCO before the High Court of Orissa. The main ground of challenge against the order of the High Court...
Execution Petition Can't Be Dismissed As Inexecutable Merely Because Property's Possession Is Lost To Third Party : Supreme Court
The Supreme Court has ruled that the Executing Court cannot dismiss an execution petition by treating the decree for possession as inexecutable, merely on the basis that the property has been lost to a third party/encroacher.“If this is allowed to happen, every judgment-debtor who is in possession of the immoveable property till the decree is passed, shall hand over possession to a third...
'Best Of Times, Worst Of Times': Justice Deepak Gupta Discusses Supreme Court Judgments Which Expanded & Restricted Fundamental Rights In Last Decade
Former Supreme Court Judge, Justice Deepak Gupta delivered a lecture on the topic "Development of Fundamental Rights Jurisprudence in Last 10 years" as part of LiveLaw's 10th anniversary lecture series. This was the 2nd lecture of the series, which was inaugurated by former Chief Justice of India UU Lalit on July 3. Justice Gupta, delivered a comprehensive lecture shedding light on...
Doctrine Of Harmonious Construction - Ambiguous Clauses In Deed Must Be Interpreted Consistent With Other Clauses & With Intent Of Parties : Supreme Court
The Supreme Court recently applied the doctrine of harmonious construction in a case related to ambiguity in consent terms between parties recorded by the High Court in relation to an award in a land acquisition matter."As per the rules of doctrine of harmonious construction, the document has to be read as a whole and in its totality. If there is any ambiguity either patent or latent, in any...
Retired Employees Can't Claim Benefit Of Subsequent Govt Decision To Increase Retirement Age : Supreme Court
The Supreme Court has dismissed a petition filed by a group of teachers in Homeopathic Medical Colleges in Kerala seeking increase of their retirement age from 55 years to 60 years at par with the teachers of other Medical Colleges.The appellants approached the Supreme Court in 2010 challenging the refusal of the Kerala High Court to grant them relief. While the appeal was pending in the...
Chargesheet Filed In A Language Which The Accused Does Not Understand Is Not Illegal; Translation Can Be Given : Supreme Court
The Supreme Court held that a charge sheet filed in a language other than the language of the Court or the language which the accused does not understand is not illegal.The bench of Justices Abhay S Oka and Rajesh Bindal observed that if both the accused and his advocate are not conversant with the language in which the charge sheet has been filed, the Courts...
'Age-Old Principle "Where Women Are Respected, Gods Live There" Would Recede To Background' : Supreme Court Cancels Bail To Gang-Rape Accused
A Division Bench of the Supreme Court, while allowing an appeal challenging the grant of bail to accused in a gang rape case, observed:“The offence alleged in the instant case is heinous and would be onslaught on the dignity of the womanhood and the age old principle of यत ननायर्यस्तत पपूज्यन्तत रमन्तत तत...
Supreme Court Dismisses Plea Challenging Appointment Of Prof Venkateshwarlu As VC Of Central University of Kerala
The Supreme Court on Friday dismissed a Special Leave Petition filed against the order of the Kerala High Court that had upheld the appointment of Prof Venkateshwarlu as Vice Chancellor of the Central University of Kerala. The petition was filed contending that the appointment of the VC is in violation of UGC Regulations, Central Universities Act, 2009, and it’s statutes and is marred...
Supreme Court To Hear CBI's Plea To Cancel Lalu Prasad Yadav's Bail In October
The Supreme Court on Friday posted the appeal of the Central Bureau of Investigation (CBI) challenging the bail granted to Rashtriya Janata Dal (RJD) chief and former Bihar chief minister Lalu Prasad Yadav in a fodder scam case to October 17.The Court turned down the request made on behalf of the CBI for an earlier date in September.The Central Bureau of Investigation (CBI) contended that...
Section 202 CrPC - Evidence Of Witnesses On Behalf Of Complainant In Cheque Cases Can Be Taken On Affidavit : Supreme Court
The Supreme Court reitereated that in cheque cases, the evidence of witnesses on behalf of the complainant can be permitted to be taken on affidavit.In this case, the High Court quashed the order issuing summons on the ground of non-compliance with the mandate of Section 202(1) CrPC. However, no further direction was issued by the High Court to the learned Judicial Magistrate to hold an...
Filing Of Affidavit Under Section 83(1)(c) Proviso of Representation of People Act Not Mandatory Requirement ; Substantial Compliance Sufficent: Supreme Court
The Supreme Court held that the requirement to file an affidavit under the proviso to Section 83(1)(c) of Representation of People Act is not mandatory. "It is sufficient if there is substantial compliance. As the defect is curable, an opportunity may be granted to file the necessary affidavit", the bench of CJI DY Chandrachud and Justice PS Narasimha observed.In this case, the Appellant is the...
Cauvery River | 'We Don't Possess Expertise' : Supreme Court Seeks CWMA Report On TN-Karnataka Dispute
The Supreme Court on Friday, while hearing a plea by the State of Tamil Nadu seeking a direction to the State of Karnataka to release 24,000 cusec of Cauvery river water, directed the Cauvery Water Management Authority (CWMA) to submit its report on this issue, by next Friday. Additional Solicitor General Aishwarya Bhati informed the Top Court that the meeting of the Cauvery Water...