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'Lis Pendens' Doctrine Can Be Applied Even If S.52 Transfer Of Property Act Is Not Strictly Applicable In A State : Supreme Court
The Supreme Court held that the non-applicability of the provisions of Section 52 of the Transfer of Property Act, 1881 (“TPA”) wouldn't bar the applicability of principles of lis-pendens, which are based on justice, equity, and good conscience.“In short, there can be no doubt that even if Section 52 of the T.P Act is not applicable in its strict sense in the present case (State of Punjab) then too the principles of lis-pendens, which are based on justice, equity, and good conscience,...
Don't Harass TN District Collectors Unnecessarily : Supreme Court To ED
While hearing Enforcement Directorate's (ED) plea against certain District Collectors of Tamil Nadu over their non-appearance in relation to a sand mining money laundering case, the Supreme Court on Monday(May 6) told the agency that it must not "harass" the Collectors unnecessarily.The matter was before a bench of Justices Bela M Trivedi and Pankaj Mithal which, on a previous date, deprecated the Collectors for their refusal to appear before ED despite court's directions to appear and respond...
The Complete Supreme Court Annual Digest- 2023 [Part-XV]
Section 279 - Rash driving or riding on a public way Penal Code, 1860; Sections 279, 304A – Motor Accident Case – Reduction of sentence of convict – Object of Indian Penal Code is to punish offenders for offences under the act – Indian Penal Code punitive and deterrent – Corrective measures ought to be recognised while sentencing convict but deterrence...
Supreme Court Seeks Explanation From Registry Against Listing Of Case Without Following Proper Procedure
The Supreme Court on Monday (May 6) sought an explanation from its Registrar (Judicial) against the listing of the case without following the proper procedure.The Special Leave Petition (Criminal) was filed and it was listed before the court without an exemption from the surrender application. This being not the practice of the court, the Bench comprising Justices JK Maheshwari and Sanjay Karol asked the registry how the matter came to be listed without following the proper procedure."We cannot...
Supreme Court Clarifies That Its Order On Minimum 1/3rd Women's Reservation In SCBA Posts Is On 'Experimental Basis'
The Supreme Court today (May 06) clarified that its order whereby it had directed reservation of minimum one-third seats for women in the Supreme Court Bar Association's executive committee is on an "experimental basis" and that any difficulty faced in implementing the reforms would be placed before the Court. The Bench of Justices Surya Kant and KV Viswanathan in its order passed on May 02 had made it clear that this reservation will also be applied in the...
Supreme Court Grants Anticipatory Bail To Mukhtar Ansari's Son In Model Code Violation Case
The Supreme Court on Monday (May 6) granted anticipatory bail to Umar Ansari, son of gangster-turned-politician Lt. Mukhtar Ansari in a case where it was alleged that he along with other accused threatened the District Mau Administration and violated the model code of conduct during the 2022 Uttar Pradesh Assembly Polls.Ansari approached the Supreme Court against the decision of the Allahabad High Court which had refused to grant anticipatory bail to him.The facts of the case are that an FIR was...
BREAKING | Former Jharkhand CM Hemant Soren Moves Supreme Court Against HC's Order Dismissing His Challenge To ED Arrest
Former Jharkhand Chief Minister Hemant Soren has approached the Supreme Court against the High Court's dismissal of the challenge to his arrest by the Enforcement Directorate in the land scam case. The former CM had urged for an early listing of the matter considering that the election phase begins on May 13. The Jharkhand High Court dismissed Soren's plea challenging his arrest by the Enforcement Directorate 4 days after the Supreme Court agreed to hear his plea against ED arrest in...
Supreme Court To Hear Senthil Balaji's Bail Plea In PMLA Case On May 15
The Supreme Court today posted to May 15 plea filed by MLA and former Minister V Senthil Balaji against a Madras High Court order denying him bail in a cash-for-jobs money laundering case.The bench of Justices Abhay S Oka and Ujjal Bhuyan passed the order, taking into account Solicitor General Tushar Mehta's submission that the case would take some time.During the hearing, Justice Oka expressed the court's inclination to hear the matter, if the parties could confine themselves to 15 minutes....
Trial Of Summons Cases Explained By Justice V Ramkumar [Part-II]
TRIAL OF “SUMMONS CASES” – Ch. XX Cr.P.C. - Let us now examine the procedure for trial of a summons case instituted on a “complaint”. TRIAL OF SUMMONS CASE INSTITUTED ON A COMPLAINTS.251: Substance of accusation to be stated - When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence shall be stated to him, and he shall be...
Important MCQs Based On Latest Supreme Court Judgments For Law Examinations
Q 1. Recently, in an important ruling of ______________ the Supreme Court clarified the legal requirements and sanctity of Hindu marriages under the Hindu Marriage Act 1955. Also, the court held that the registration of marriage doesn't confer sanctity to the marriage but only acts as proof of the marriage.a. Baby Rani v. Manish Kumar Chanchalb. Dolly Rani v. Manish Kumar Chanchalc. Dolly Rani...
The Complete Supreme Court Annual Digest- 2023 [Part-XIV]
Municipal Corporation Act (Delhi) Municipal Corporation Act (Delhi) - Delhi Municipal Corporation (Procedure and Conduct of Business) Regulations - These provisions make it abundantly clear that the election of the Mayor has to be held first. The elected Mayor is then required to preside over the election of the Deputy Mayor as the presiding authority. Consequently,...
Supreme Court Issues Notice To Centre On Plea Seeking Welfare Measures For Farmers, Price Stabilisation Fund, Agriculture Cess Etc.
The Supreme Court (on May 03) issued notice on a Public Interest Litigation (PIL) seeking several directions to the Union, including the implementation of the National Policy for Farmers, 2007, recommendations of the National Commission of Farmers, 2004, establishing price stabilisation fund, levying agricultural cess for poor farmers and many others. Agnostos Theos, Managing Director of...