Supreme court
PCPNDT Act | Search Of Clinic Illegal If Not Authorized By All Three Members Of District Authority: Supreme Court
The Supreme Court recently held that a search and seizure operation under Section 30 of the Pre Conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act) must be authorised by all three members of the District Appropriate Authority under the Act collectively, and any decision by a single member is illegal.“Looking at the object of sub-section (1)...
Candidate Duly Elected In Democratic Process Can't Be Stopped From Assuming Office: Supreme Court
Holding that a candidate who has been duly elected in a democratic process cannot be stopped from assuming the elected office, the Supreme Court directed the District Election Officer of Jhajjar (Haryana) to give the charge of the Sarpanch to the elected candidate who was restrained from assuming the charge of the Office despite having won the election. It was a case where the Appellant,...
Nagaland Civilian Killings: Supreme Court Closes FIR Against 30 Indian Army Personnel For Lack Of Sanctions Under AFSPA
The Supreme Court today (September 17) closed FIRs and set aside all proceedings against 30 21 PARA (Special Forces) personnel accused of allegedly killing civilians in Nagaland, given that the Union Ministry of Home Affairs declined to give sanctions to initiate criminal prosecution against them. It clarified that at any stage, if sanctions are granted to prosecute the personnel, then...
'Trial Not Likely To Conclude Soon In Actress Sexual Assault Case', Says Supreme Court Granting Bail To Main Accused Pulsar Suni
The Supreme Court on Tuesday (September 17) granted bail to Sunil NS, also known as Pulsar Suni, the main accused in the 2017 actress sexual assault case, after considering his long period of incarceration and the slow progress of the trial. Suni, who has been in custody for more than seven and a half years, is accused of conspiring with Malayalam actor Dileep and others in the abduction...
Supreme Court Weekly Round-up: September 9, 2024 To September 15, 2024
IndexCitationsAbhishek Banerjee and Anr. v. Directorate of Enforcement, Crl.A. No. 2221-2222/2023 2024 LiveLaw (SC) 674Dhanraj Aswani v. Amar S. Mulchandani and Anr. Diary No. - 51276/2023 2024 LiveLaw (SC) 675Cox & Kings Ltd. v. Sap India Pvt. Ltd. & Anr., Arbitration Petition No. 38 of 2020 2024 LiveLaw (SC) 676Union of India & Ors. v. Lt. Col. Rahul Arora, Civil Appeal No. 2459...
'No Transfer Of Title In Absence Of Registered Document' : Supreme Court Rejects Tenant's Claim For Ownership Based On Settlement With Landlord
Holding that no transfer of title is possible in the absence of a registered instrument, the Supreme Court recently rejected a tenant's claim for ownership of the premises on the basis of a settlement with the landlord. The Court held that the settlement arrived between the landlord and tenant that the tenant would not be evicted from the premise upon deposit of the stipulated amount could...
Sec.31 Specific Relief Act | Not Mandatory For Third Party, Against Whom A Sale Deed Is Void, To Seek Its Cancellation : Supreme Court
The Supreme Court observed that as per Section 31 of the Specific Relief Act, 1963 (“SRA”), it is not mandatory for a third party, agaisnt whom a sale deed is void, to seek its cancellation.In essence, the court said that when a sale deed is executed between the parties, a third person who was not party to the sale and affected by the sale deed cannot be asked to file a separate...
Defiant Tenant Faces Supreme Court's Ire, Held Guilty For Contempt For Not Vacating Premises
The Supreme Court recently convicted a tenant for contempt of court for violating the Court's directions to deliver vacant possession of the property to the landlord.“Disregarding a Court's order may seem bold, but the shadows of its consequences are long and cold," the bench comprising Justices JK Maheshwari and Rajesh Bindal observed.The bench explained that the power to punish for...
Compensation For Surrendering Land For Public Purpose Once Determined Is Payable Without Formal Request, Failure Violates Article 300-A: Supreme Court
The Supreme Court on Friday (September 13) ruled that the doctrine of delay and laches does not apply to cases where compensation is being sought for land surrendered for public amenities like DP Roads and compensation must be granted, even if no formal request is made.“When relief in the nature of compensation is sought, as in the instant case, once the compensation is determined in the...
Resignation Not Final Until Its Acceptance Is Communicated To Employee : Supreme Court
Holding that the resignation letter was withdrawn before it was accepted, the Supreme Court allowed the reinstatement of an employee to the Railways.The Court observed that an internal communication about accepting the employee's resignation letter could not be said to be acceptance of the resignation letter. It added that unless such acceptance was communicated to the employee, the...
Supreme Court Sets Aside Grant Of Land Acquisition Compensation Share To Persons Who Purchased Sites From Party Having No Title
The Supreme Court set aside a Karnataka High Court judgment that awarded 30 percent of the compensation for land acquired for a Metro Rail Project to ten private individuals, despite the plaintiff being declared the lawful owner of the property.The ten individuals had purchased sites on the land from a cooperative society and constructed property on it. The society claimed rights over the...
Election Petition Should Not Be Rejected At Threshold Where There Is “Substantial Compliance” Of RP Act Provisions: Supreme Court
In a setback to Manipur BJP MLA Kimneo Haokip Hanghing, the Supreme Court yesterday refused to allow her petition seeking rejection of the Election Petition under Order 7 Rule 11 Civil Procedure Code (“CPC”) pending against her before the Manipur High Court. Kimneo Haokip was elected from Saikul Assembly Constituency in the 12th General Elections to the Manipur Legislative Assembly...