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Bhima Koregaon Case : Bombay High Court Directs Taloja Prison To Ensure Proper Medical Treatment For Prof Hany Babu
The Bombay High Court on Tuesday ordered Delhi University Associate Professor Hany Babu to be re-lodged in Taloja Prison following the report of a private hospital that he is 'fit for discharge'. He is accused in the caste-violence Bhima Koregaon – Elgar Parishad Case.Babu was admitted to Breach Candy hospital following HC'sorders on May 19, after testing positive for Covid-19 and to...
Right Of Equity Of Redemption Of Mortgage Is Subsidiary To Right Of Ownership: Supreme Court
The Supreme Court observed that the right of equity of redemption is subsidiary to the right of ownership.The expression equity of redemption is a convenient maxim but an owner, who has stepped into the shoes of the mortgagor, after the purchase from the mortgagor but before filing a suit for foreclosure is entitled to redeem the property in terms of Section 60 of the Transfer of Property...
EPF Pension Case : High Courts Assumed Exercise Of Option Wasn't Necessary For Pension Above Upper Limit, EPFO Argues In Supreme Court
The Supreme Court on Tuesday heard the arguments of the Employees Provident Fund Organization in the appeal filed by it challenging the judgments of various High Courts which quashed the Employee's Pension (Amendment) Scheme, 2014.A bench comprising Justices UU Lalit and Ajay Rastogi heard the arguments made by Senior Advocate C Aryama Sundaram on behalf of the EPFO.Sundaram argued that the...
Process Of Determination Of Motor Accident Compensation Cannot Be By A Continuing Mandamus, It Must Take Place At One Go: Supreme Court
The Supreme Court observed that while determining compensation under the Motor Vehicle Act, a court cannot direct the continued maintenance by Insurance Company of a prosthetic limb for the injured claimant.The process of determination of such compensation cannot be by a continuing mandamus, in a colloquial sense, and the determination must take place at one go, the bench of Justices...
Genuineness Of Property Transaction Cannot Be Doubted Merely Because Thumb Impression Was Affixed Instead Of Signature: Supreme Court
The Supreme Court observed that genuineness of property transaction cannot be doubted merely because thumb impression was affixed instead of signature.The bench of Justices Sanjay Kishan Kaul and Krishna Murari also observed that every person has a unique thumb impression and thus 'forgery of thumb impressions is nearly impossible'.In this case, the Trial Court, in a probate case, found that...
Mere Over-ruling Of Principles By A Subsequent Judgment Will Not Dilute Binding Effect Of Decision On Inter-parties: Supreme Court
Emphasizing the distinction between over-ruling a principle and reversal of the judgment, the Supreme Court observed that mere over-ruling of the principles by a subsequent judgment will not dilute the binding effect of the decision on inter-parties."Mere over-ruling of the principles, on which the earlier judgment was passed, by a subsequent judgment of higher forum will not have the effect...
A 'Tenant ÂIn ÂSufferance' Not Entitled To Any Protection Of Rent Act Against SARFAESI Proceedings: Supreme Court
The Supreme Court observed that a tenant Âin Âsufferance is not entitled to any protection of the Rent Act against SARFAESI proceedings.A tenant whose term has expired but has not vacated is called a "tenant at sufferance.‟.In the absence of a registered instrument, if the tenant only relies upon an unregistered instrument or an oral agreement accompanied by delivery of possession, the...
We Appreciate Good Work Of ED Director; But Question Is Whether His Tenure Can Be Extended : Supreme Court
While hearing a plea challenging the order which retrospectively amended the tenure of the present Director of Enforcement Directorate, Sanjay Kumar Mishra, the Supreme Court today observed that although it appreciated the good work done by Mishra but asked Solicitor General Tushar Mehta as to whether his tenure could be extended"We appreciate that he's doing a good work, but the...
AIBE-XVI To Be Conducted On October 24; Deadline For Online Registrations Extended Till September 15
The Bar Council of India has decided to hold the All India Bar Examination-XVI (AIBE-16) on October 24, 2021. The Council has also extended the last date of the online registration form to 15th September 2021.The decision has been taken on the request received by the Bar Council Of India from many quarters, including various Bar Councils, Advocates and even from many students whose final...
Criminal Appeal Cannot Be Dismissed Merely For Non-Representation Or Default Of Accused' Advocate, Reiterates Supreme Court
The Supreme Court observed that a court cannot dismiss the appeal filed by an accused merely because of non-representation or default of the advocate for the accused.if the accused does not appear through counsel appointed by him/her, the Court is obliged to proceed with the hearing of the case only after appointing an amicus curiae, the bench of Justices AM Khanwilkar and Sanjiv Khanna...