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Second Suit Seeking Damages For Illegal Occupation Maintainable After Filing Suit For Possession : Supreme Court
The Supreme Court has held that a suit for possession and suit for claiming damages for use and occupation of the property are two different causes of action. Hence, second suit filed claiming damages for use and occupation of the premises was maintainable after a suit for possession.A bench comprising Justices Vikram Nath and Rajesh Bindal was considering an appeal challenging the refusal of...
CLAT (UG) 2024 Analysis
CLAT 2024 was conducted today in 139 centres across the country. This was the first CLAT paper which was conducted of 120 questions (instead of 150) though time remained the same (120 minutes). CLAT 2024, against all expectations, turned out to be a relatively easy paper. Barring a few questions and a couple of passages, most of the serious students wouldn't have faced any...
Never Try To Mislead Judges, Better To Be Frank : Supreme Court Judge Justice AG Masih Advises Lawyers
Justice Augustine George Masih, judge of the Supreme Court, speaking at an event at the Punjab & Haryana High Court, said that lawyers should not try to mislead judges and if they do so, they will risk losing their credibility.“Please don't ever think judges do not know anything or what you are saying we don't understand. Don't try to be smart because most of us come from you only,...
Supreme Court Directs Urgent Listing Of Jauhar University's Plea In Allahabad High Court
The Supreme Court has directed the Allahabad High Court to urgently hear the plea filed by Samajwadi Leader Azam Khan's Trust (Maulana Mohamad Ali Jauhar Trust) against the decision of the Uttar Pradesh Government to take over the land of Jauhar University in Rampur. A bench led by CJI DY Chandrachud and comprising Justice JB Pardiwala and Justice Manoj Misra directed the plea to be listed...
“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-III]
Q.6 Since the words used in Section 27 are “a person accused of an offence” should there not be a formal accusation against the person in the form of registering an FIR against him?. Ans. No. The words “person accused of an offence” occurring in Section 27 of the Evidence Act are only descriptive of his status and it is enough that after the disclosure statement is recorded,...
Order 41 Rule 17 CPC - Appeal Can't Be Dismissed On Merits If Appellant Fails To Appear; To Be Dismissed For Non-Prosecution : Supreme Court
The Supreme Court stated that if the appellant does not appear when the appeal is called for a hearing, then the same can be dismissed for non-prosecution and not on merits. These findings were in the context of an explanation provided in Order XLI Rule 17 of the Civil Procedure Code, 1908. This order entitles the Court to dismiss an appeal if, on the day fixed for hearing, the appellant...
Specific Performance Of Re-Conveyance Deed Can't Be Sought When Plaintiff Denies Defendant's Title In Property : Supreme Court
The Supreme Court, while denying the plea of specific performance for execution of the re-conveyance deed, noted that such a claim implies that the opposite party (against whom the claim is being made) is the owner. Whereas, on the other hand, it was pleaded that the opposite party did not have any right or title over such property. In view of these facts and circumstances, the Court held...
“Recovery Evidence” Under Section 27 Of The Evidence Act- Questions & Answers By Justice V Ramkumar [Part-II]
Q.11 Whether a statement by the accused that the weapon discovered was (“the weapon with which he committed murder”), will fall under Section 27 which contains the words “whether it amounts to a confession or not” ?. Ans. No. The bracketed portion of the statement is not admissible in evidence. In para 10 of Pulukuri Kottaya v. Emperor AIR 1947 PC 67 – Sir John Beaumont,...
CLAT 2024 Tomorrow : Over 1 Lakh Candidates Registered For Test, Around 35% Surge In UG Applications
Common Law Admission Test (CLAT) 2024, the national-level entrance test organised by the Consortium of National Law Universities (the Consortium), is set to take place tomorrow, December 3, 2023.As per a press release issued by the Consortium today, the test will be conducted at 139 Test Centres across the country.Notably, CLAT 2024 has achieved a surge in registrations with over 1...
'In A Democracy, The Majority Will Have Its Way But The Minority Must Have Its Say': CJI DY Chandrachud
Chief Justice DY Chandrachud speaking at Justice Keshav Chandra Dhulia Memoral Lecture on the topic of 'Democracy, Debate and Dissent' on Saturday, said“For all citizens to feel free in a democracy, the State must side with the weaker population which may be a numerical or a social minority. This may at first appear to be at odds with the democratic principle of majority rule. However, a...
Once Court Concludes That Person Is Entitled To Bail, Granting Bail For Limited Period Is Illegal: Supreme Court
The Supreme Court recently said that once a court arrives at the conclusion that a person is entitled to bail, bail cannot be granted only for a limited period of time. "When a Court concludes that the accused is entitled to be enlarged on bail pending trial, granting bail only for a limited duration is illegal. Such orders violate the right to liberty under Article 21 of the Constitution...
Another Supreme Court Bench Expresses Concerns About 'Asian Resurfacing' Judgment, Says Automatic Stay Vacation Causing Prejudice
On December 1, a bench led by the Chief Justice of India expressed doubts about the its 2018 judgment in Asian Resurfacing of Road Agency P. Ltd. Director V. Central Bureau of Investigation as per which interim orders of stay granted by High Courts and other courts in civil and criminal cases will automatically expire after a period of six months unless the orders are...