Supreme court
Hindu Marriage Act | Divorce Petition Can Be Filed If Spouse Ignores Restitution Of Conjugal Rights Decree For Over One Year : Supreme Court
The Supreme Court observed that a divorce petition can be presented on the ground that there has been no restitution of conjugal rights between the parties to the marriage for a period of one year and more after passing the decree for restitution of conjugal rights.The Court referred to Section 13(1A)(ii) of the Hindu Marriage Act 1955 in this regard."Under Section 13(1A)(ii), it is provided...
Lis Pendens Doctrine Does Not Bar Property Purchaser From Seeking Impleadment In Suit : Supreme Court
The Supreme Court reiterated that a registered sale deed cannot be held to be void merely because it was executed during the pendency of a suit in relation to the property. The doctrine of lis pendens under Section 52 of the Transfer of Property Act 1882 does not render the pendente lite transfer void.The Court also held that there is no bar for impleadment of the transferee who has purchased...
Relevant Factors To Assess Compensation In Land Acquisition Proceedings : Supreme Court Explains
The Supreme Court on Wednesday (July 10) laid down the three categories of relevant factors that ought to be considered while determining the estimated value of the land to determine a fair amount of compensation in land acquisition proceedings.The court has developed the belowmentioned categories of factors so that the valuation of the land could be ascertained based on these factors, and...
'What Signals Are We Sending?' : Supreme Court Expresses Shock At HC 'Casually' Staying Reasoned Bail Order For One Year
The Supreme Court of India on Thursday(July 11) expressed shock at the Delhi High Court staying a regular bail order without specifying any reasons. The Court questioned the Directorate of Enforcement (ED) for defending the High Court's orders prolonging interim stay on a bail order by the trial court.During the hearing, Justice Abhay S Oka remarked, "When there is a reasoned order granting...
Supreme Court Laments States Not Filling Vacancies In Pollution Control Boards
The Supreme Court on Wednesday deprecated the Delhi Government for “adopting the shortcut” of engaging contractual employees instead of making regular appointments to the state pollution control board.“Instead of making an effort to regularly appoint the staff members, the government seems to have adopted a shortcut method of appointing contractual employees. This practice needs to...
Supreme Court Cautions Authories Against Arbitrary Cancellation Of Public Tenders; Says It Can Impact Private-Public Partnerships
In a notable judgment, the Supreme Court cautioned the public authorities against cancelling public tenders arbitrarily and stressed the importance of upholding the sanctity of contracts.The Court explained that public tenders emanate from the Doctrine of Public Trust and are designed to provide a level playing field for all potential bidders"The sanctity of contracts is a fundamental...
S. 4 Limitation Act Can't Be Invoked Using 30-Day Extension For Arbitration Appeals Filed Beyond 3-Months From Award: Supreme Court
The Supreme Court reiterated that if an arbitral award is challenged beyond the three-month limitation, the benefit of section 4 of the Limitation Act will not be available. The Court held that the 30-day extension period mentioned in the proviso to Section 34(3) of the Arbitration and Conciliation Act 1996 cannot be included in the "prescribed period" in Section 4 of the Limitation...
Indian Husbands Must Financially Empower Their Wives Who Don't Have Independent Source Of Income : Supreme Court
In a notable Judgment delivered by the Supreme Court regarding the right of the Muslim woman to claim maintenance from her husband under Section 125 Cr.P.C., the Court has adverted to the vulnerability suffered by married women in India particularly 'Homemakers' who do not have an independent source of income and the problems faced by them in routine life due to not having access to...
Illegal Auction Sale By Public Authority Can Be Set Aside Under Article 226; Writ Court Not Bound By Order 21 Rule 90 CPC : Supreme Court
The Supreme Court on Tuesday (July 9) held that a person aggrieved by an auction sale conducted by the public functionary in gross violations of the mandatory provisions of law cannot be called upon to establish the dual conditions stipulated in Order XXI Rule 90 of the Code of Civil Procedure, 1908 (“CPC”) for setting aside the auction sale. “We are of the view that in cases such as...
Muslim Women Illegally Divorced Through Triple Talaq Can Seek Maintenance Under Section 125 CrPC : Supreme Court
The Supreme Court has held that a Muslim woman, who has been illegally divorced by the pronouncement of triple talaq, is entitled to seek maintenance from her husband as per Section 125 of the Code of Criminal Procedure.This right is in addition to the remedy provided under the Muslim Women (Protection of Rights on Marriage) Act 2019, which specifies that a woman, who has been subjected to...
CBI Under Administrative Control & Superintendence Of Union Govt : Supreme Court
Today, in its judgment, the Supreme Court observed that the scheme of the Delhi Special Police Establishment (DSPE) Act of 1946 (from which the Central Bureau of Investigation derives its authority) reveals that it is overseen by the Central Government.The Court elucidated that right from the constitution of DSPE (Special police force) and the extension of its powers beyond the Union...