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Section 10 Transfer Of Property Act Doesn't Hit Restrictive Conditions In Government Land Allotments : Supreme Court
The Supreme Court today (May 14) clarified that Section 10 of the Transfer of Property Act, 1882 (“TPA”), which invalidates absolute restraints on alienation, does not apply to government allotments, as such transactions are neither inter vivos nor commercial in nature but are in the public interest. Holding thus, the Court justified the Telangana government's right to impose conditions...
'Cruel Misuse' Of S.498A IPC: Supreme Court Acquits Husband In 26 Yrs Old Cruelty And Dowry Case Citing Lack Of Credible Evidence
The Supreme Court has cautioned against the 'cruel misuse' of Section 498A IPC (cruelty cases) against husband and in-laws by the wife and her relatives, without concrete evidence. “The term “cruelty” is subject to rather cruel misuse by the parties, and cannot be established simpliciter without specific instances, to say the least. The tendency of roping these sections,...
Supreme Court Explains Criteria For Senior Advocate Designation, Says Having 'Long Practice' Cannot Be A Rational Criterion
The Supreme Court has explained the qualifications necessary for an advocate to be designated as Senior Advocate under Section 16 of the Advocates Act, 1961, which governs the process of designation of Senior Advocates.Section 16 provides for two classes of advocates — Senior Advocates and other Advocates. Sub-section (2) of the provision states that an advocate may be designated as a...
Muzaffarnagar Student Slapping Case | Supreme Court Asks UP Govt To Bear Educational Expenses Of Victim Boy Till He Completes School
The Supreme Court today (May 14) reaffirmed that the Uttar Pradesh government bears the primary responsibility for the educational expenses of the minor boy who was the victim of the 2023 Muzaffarnagar student slapping incident. A bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan clarified that the state must cover tuition fees, the cost of uniforms, books, and transport charges until...
BCI Amends Rules Allowing Foreign Law Firms & Lawyers To Practice Non-Litigious Matters In India
The Bar Council of India (BCI) has notified amendments to rules allowing foreign lawyers and law firms to practice foreign law (non-litigation) in India on the basis of reciprocity. The recent notification of May 13 by BCI states that the amendment to the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022 intends to regulate...
'After Marriage, Daughter Presumed To Be Supported By Husband' : Supreme Court Rejects Compensation Claim Over Mother's Death
Observing that a married daughter is presumed not to be dependent on the parents, the Supreme Court dismissed a plea of a married daughter who sought motor accident claim compensation in the capacity of a dependent of her deceased mother. “Once a daughter is married, logical presumption is that she now has rights on her matrimonial household and is also financially supported by her husband...
Supreme Court Refuses To Cancel Bail Of Man Facing UAPA Trial Over Alleged Radicalisation Towards ISIS
The Supreme Court today refused to cancel bail granted to a man booked under the Unlawful Activities (Prevention) Act, 1967 over alleged radicalization towards banned terrorist organization-ISIS.A bench of Justices Surya Kant and N Kotiswar Singh passed the order, considering that the trial was likely to take "reasonable" time to conclude and there was no instance of misuse of the bail...
'Language Of Gutters' : MP High Court Directs FIR Against BJP Minister Vijay Shah For Comments Against Col Sofiya Qureshi
The Madhya Pradesh High Court today suo motu directed the registration of an FIR against BJP leader and State Minister Kunwar Vijay Shah for his comment calling Colonel Sofiya Qureshi a "sister of terrorists". The Court described his remarks as 'disparaging,' 'dangerous,' and 'language of the gutters'-not merely targeting the officer in question, but denigrating the armed forces as a whole....
Right To Have Unobstructed & Disabled-Friendly Footpaths Part Of Article 21 : Supreme Court Issues Directions To Govts
In a significant order affirming the constitutional rights of pedestrians, the Supreme Court has held that the right to use footpaths and footways is an essential facet of the right to life under Article 21 of the Constitution of India. The Court was hearing an application raising the issue of pedestrian safety, with a specific emphasis on the lack of proper footpaths and...
SCAORA Requests New CJI BR Gavai To Restore Adjournment Letter Circulation & Notify Hearing Sequence In Causelists
The Supreme Court Advocates On Record Association, on May 14, wrote a letter to the newly appointed CJI, Justice Gavai, requesting the return of the letter circulation mechanism and for introducing courtrooms' hearing sequence in supplementary lists. On behalf of SCAORA, AoR Mr. Nikhil Jain, Hony. Secretary has urged the CJI to reinstate the traditional practice of circulating adjournment...
'Are We Going To Brand Them All Risky?' : Supreme Court Questions Ban On Blood Donation By Transgender Persons, Sex Workers, Etc
During the hearing of the pleas challenging the blanket ban on blood donations by transgender persons, gay men, sex workers, etc., the Supreme Court today asked the Union to seek expert opinion on how to do away with the "discriminatory element" of National Blood Transfusion Council's guidelines without compromising medical safety and precautionary safeguards in place.A bench of Justices...
Plea Filed In Supreme Court Against ED Arrest Of Haryana Congress Leader
A plea has been filed before the Supreme Court accusing the Enforcement Directorate of illegally arresting and manhandling a political leader of Opposition in Haryana (Congress).The matter was mentioned today before a bench of CJI BR Gavai and Justice AG Masih. However, as it was an unlisted mentioning, the bench told the counsel to go through the appropriate mentioning procedure.Recently, ED...