Top Stories
Contractor Claiming Loss Of Profits Due To Delayed Execution Must Prove That Other Works Were Lost Due To Delay : Supreme Court
The Supreme Court Bench comprising Justice Sanjiv Khanna and Justice M.M. Sundresh, has held that in arbitral proceedings where the execution of a contract is delayed and the Contractor claims loss arising from depletion of income, then the Contractor must prove that there was alternative work available for him/her by placing on record invitation to tender, which were rejected by the...
Notice For Blacklisting Must Specify Consequence On Failure To Meet Grounds By Noticee: Allahabad High Court
The Allahabad High Court has held that show cause notice for blacklisting must include the grounds on which blacklisting is being proposed in a clear manner. The Court has held that any action proposed to be taken against the party on failure to meet the grounds, must be mentioned in the notice clearly and unambiguously. A bench comprising of Chief Justice Pritinker Diwaker and Justice...
As Condition To Relax Zoning Restriction, Govt Can Ask Land Owners To Transfer A Portion Free Of Cost For Public Utility : Supreme Court
The Supreme Court has that a condition imposed by the Government that the land owner should handover a part of land free of cost for public utility purpose in return of the permission granted for converting the nature of the use of the land cannot be held illegal.Holding so, the Court set aside the Bombay High Court’s order restricting the use of ‘amenity space’ which was allotted to...
Revision Petition Under S115 CPC Cannot Be Entertained Against Order Of Trial Court Rejecting Review Of Decree : Supreme Court
The Supreme Court on Tuesday (26.09.2023) held that a revision petition under Section 115 of the Code of Civil Procedure,1908 against rejection of a review application of an appealable decree by a subordinate court on merits cannot be entertained. “..where an appealable decree has been passed in a suit, no revision should be entertained under Section 115 of the CPC against an order...
When Can An Unregistered Lease Deed, Which Is Compulsorily Registrable, Be Admitted To Show Nature & Character Of Possession? Supreme Court Explains
The Supreme Court Bench comprising Justice Aniruddha Bose and Justice Vikram Nath, while interpreting Section 49 of the Registration Act, 1908, has held that an unregistered lease deed (which is otherwise compulsorily registrable) can be admitted in evidence to show the ‘nature and character of possession’, only when the ‘nature and character of possession’ is not the main term of...
Supreme Court Stays DMK Newspaper's Defamation Case Against Union Minister & BJP Leader L Murugan
The Supreme Court on Wednesday (27.09.2023) stayed the defamation proceedings against Union Minister Dr. L Murugan and former Tamil Nadu BJP Head initiated by DMK mouthpiece Murasoli Trust. Earlier this month, the Madras High Court had refused to quash the proceedings, against which Murugan approach the Apex Court in appeal. The Murasoli trust had filed a private complaint against the...
'V4 Kochi' President Nipun Cherian Approaches Supreme Court Against Kerala HC's Order Convicting Him For Contempt Of Court
The Supreme Court on Wednesday (27.09.2023) considered a Special Leave Petition filed by Nipun Cherian, the President of political party 'V4 Kochi', against the order of the division bench of the Kerala High Court that sentenced him to four months imprisonment in a suo motu contempt proceeding initiated by it, for his statements against a sitting judge of the High Court .The Court suggested...
Supreme Court Refuses To Restrain Trial Judge From Hearing CID Plea For Police Custody Of Chandrababu Naidu
After the recusal of Supreme Court Judge Justice SVN Bhatti from hearing the petition of former Andhra Pradesh Chief Minister Chandrababu Naidu seeking quashing of his FIR in the skill development scam case, Naidu's lawyers mentioned the matter before the Chief Justice of India for urgent listing.CJI DY Chandrachud agreed to list the matter on October 3 (the next working day for the...
Prioritise Cases Of HIV Positive Persons : Supreme Court Directs All Courts; Issues Directions To Centre & States To Enforce HIV Act
In a pathbreaking judgment delivered on September 26, the Supreme Court issued a series of vital directions to the Central and State Governments to ensure the effective implementation of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 (HIV Act).The Court further directed all Courts, Tribunals and quasi-judicial bodies in the country...
Justice SVN Bhatti Recuses From Hearing Chandrababu Naidu's Plea In Supreme Court To Quash FIR
Supreme Court judge Justice SVN Bhatti on Wednesday (September 27) recused himself from hearing a petition filed by former Andhra Pradesh Chief Minister Nara Chandrababu Naidu seeking to quash the criminal proceedings against him in connection with a multi-crore skill development scam in the state.The matter was listed before a bench comprising Justices Sanjiv Khanna and SVN Bhatti (who...
Period Of Absence Of Convicted Employee Who Is Later Acquitted To Be Counted Towards Seniority And Subsistence Allowance But Not Backwages: Delhi HC
The Delhi High Court has ruled that the period under which an employee is placed under suspension, cannot be treated as period “not spent on duty” for all intents and purposes. The court remarked that the period can be treated as “not spent on duty” only for the purposes of back wages and not for the purposes of seniority and promotion.The court also said that an employee who is...
State of Chhattisgarh Withdraws Plea Filed in Supreme Court Challenging Section 50 of PMLA and ED's Powers
The State of Chhattisgarh on Wednesday withdrew a writ petition filed in the Supreme Court under Article 32 of the Constitution challenging Section 50 of the Prevention of Money Laundering Act, 2002, and the powers of the Enforcement Directorate (ED) conferred by the anti-money laundering statute. A bench of Justices Sanjiv Khanna and SVN Bhatti was informed today by a counsel appearing for...