Top Stories
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...
Continuous Cooperation Between International And Domestic Arbitration Bodies Needed: Justice Surya Kant
Supreme Court judge Justice Kant on Sunday stressed the need for continued cooperation between international and domestic arbitration bodies in ensuring that arbitration remains a fair, cost-effective, and accessible mode of dispute resolution.Justice Kant was speaking at the valedictory function of the two-day Conference on International Arbitration and Rule of Law. It was organised on...
Prison Reforms-What Is Needed Is A Systematic Study to Understand the Causes of Overcrowding in Prisons: Justice Madan Lokur
Justice Madan Lokur, former Judge of Supreme Court in conversation on prison reforms with Jhuma Sen, an Advocate practising before the Calcutta High Court.JS: Michel Foucault, writing about the failed project of 'reform' in prison famously observed in his Discipline and Punish that: “One should recall that the movement for reforming the prisons, for controlling their functioning is not a...
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...
Justice Nagarathna Expresses Concerns About Lawyers Soliciting Clients By Spreading Fear Through Social Media
Supreme Court judge Justice BV Nagarathna frowned upon the practice of lawyers soliciting clients by creating fear through social media, especially in matrimonial matters.Speaking at the convocation ceremony of the National Law University, Delhi, Justice Nagarathna said :"In recent years, under the guise of disseminating legal literacy, a disheartening practice has been adopted by some lawyers...
Bulldozer Action | Personal Liability Of Officers Violating Law, Ministers To Not Endorse Demolitions : Suggestions For Supreme Court's Guidelines
Pursuant to the Supreme Court's order dated September 2, 2024, Jamiat Ulama I Hind has filed its suggestions for the framing of pan-India guidelines to address the issue of demolition/bulldozer actions against houses of persons accused of crimes.To recap, a bench comprising Justices BR Gavai and KV Viswanathan is hearing a batch of petitions challenging the "bulldozer actions" in various...
AG To Share 'Sensitive Information' With Supreme Court On Pending Collegium Resolutions
Attorney General for India R Venkataramani told the Supreme Court on Friday (September 13) that he wanted to share certain 'sensitive information' regarding some of the recent collegium recommendations, which are pending with the Union Government.The AG was appearing for the Union in a PIL seeking directions for time-bound implementation of the Collegium Resolutions for judges'...
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...
Preventive Detention | Failure To Furnish Documents Relied On By Detaining Authority Violates Article 22(5) : Supreme Court
While quashing the prevention detention of a man for non-supply of relevant materials to challenge the detention order, the Supreme Court has held that failure to furnish copies of documents relied on by the Detaining Authority would deprive the detenu of making an effective representation.A bench of Justices B.R. Gavai, Prashant Kumar Mishra and K.V. Viswanathan held that while it is...