Party Seeking Specific Performance Of Contract Has To Prove Readiness And Willingness To Perform Their Part: Allahabad High Court Reiterates

The Allahabad High Court has reiterated that in a suit for Specific Performance, the party filing has to necessarily show that they are, or have been ready and willing to perform their part of the contract before pursuing such a direction.“...a decree of specific performance of contract can not be passed unless the person, who prays for a decree for specific performance of contact, proves...

"Maintainability" Of Writ Petition Different From "Entertaining" Writ Petition: Kerala High Court Explains

The Kerala stated that there is distinction between entertainability and maintainability of a writ petition filed under Article 226 of the Constitution. The Court explained that the jurisdiction of a writ court is not generally invoked when there is an alternative remedy available, and in such cases, the Court may decline to entertain the petition. The Court stated that having an...

Karnataka High Court Weekly Round-Up: December 02 - December 08, 2024

Citation 2024 LiveLaw (Kar) 490 to 2024 LiveLaw (Kar) 500Nominal Index: Union of India & Others AND Government of Karnataka & Others. 2024LiveLaw (Kar) 490DODDABALLAPUR SPINNING MILLS AND THE BANKING OMBUDSMAN & Others. 2024 LiveLaw (Kar) 491Sourish Bose & ANR AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 492Naleen Kumar Kateel v State of Karnataka. 2024 LiveLaw...

Recovery From Class III Employee Post-Retirement Illegal Without Misrepresentation Or Fraud: MP HC

Madhya Pradesh High Court (Gwalior Bench): A single judge bench of Justice Anil Verma set aside a recovery order against a retired Class III employee, Hari Shankar Soni. It held that recoveries of excess payments made to Class III and IV employees after retirement are impermissible, unless there is misrepresentation or fraud. It also held that any specific undertaking allowing such recovery...

POCSO Case | Journalist Chitra Tripathi Moves High Court Against Arrest Warrant Issued By Gurugram Court

TV News Anchor and Journalist Chitra Tripathi (working with ABP News) has moved the Punjab and Haryana High Court challenging last month's order of the Gurugram Court issuing a non-bailable warrant of arrest against her in connection with a POCSO Case.The Court had passed this order while cancelling her bail and rejecting her application for exemption from personal appearance before the...

Telangana HC Orders Disciplinary Action Against Revenue Officials For Altering Land Entries In Private Party's Favour Despite Status Quo Order

The Telangana High Court has directed the State to take disciplinary action against revenue officials for altering revenue records and issuing a pattedar-passbook in favour of a respondent third party despite subsisting status quo orders which had been issued earlier. “The respondent No. 1 is directed to initiate suitable disciplinary action against the Officers, who are involved in...

Procedure Under CPC For Affixing Copy Of Summons On Door/Conspicuous Part Of Defendant's House Mandatory Not Directory: Karnataka High Court

The Karnataka High Court has held that the procedure of affixing a copy of the summons on the outer door or some other conspicuous part of the housein which the defendant ordinarily resides under Order V Rule 17 CPC, if he is not available to receive it, is a mandatory procedure and not a directory procedure.Justice H P Sandesh held thus while allowing an appeal filed by one K Raja and set...

Telangana High Court Dismisses Ex-MLA Patnam Narender Reddy's Plea Against Remand In Lagerchala Collector "Attack" Case

The Telangana High Court has dismissed a plea by former MLA of BRS party Patnam Narender Reddy for quashing an order remanding him to judicial custody in connection with the alleged attack on the District Collector, Kodangal Urban Development Authority (KADA) by the residents of the Lagcherla village last month. The court found that the Magistrate court in the present case had directed...

Jammu & Kashmir And Ladakh High Court Weekly Roundup: December 2 - December 8, 2024

Nominal Index:UT Of J&K Vs Showkat Ali 2024 LiveLaw (JKL) 324X Vs UT Of J&K 2024 LiveLaw (JKL) 325Ravinder Singh Vs State of J&K 2024 LiveLaw (JKL) 326Union of India Vs M/S Sharma Construction Co. Akhnoor District Jammu 2024 LiveLaw (JKL) 327State Of J&K Vs Mohammad Sayidullah Bhat 2024 LiveLaw (JKL) 328Peerzada Mohd Yehya Vs UT Of J&K 2024 LiveLaw (JKL)...

Contempt Case Filed In Kerala High Court Against CP(I)M State Secretary MV Govindan For Blocking Roads To Hold Party Conference

A contempt case has been filed against CP(I)M State Secretary M V Govindan in the Kerala High Court for allegedly blocking the roads by constructing a stage for holding Palayam area conference of the party on December 5. The contempt case has been filed alleging that the MV Govindan has violated the directions of the Court dated June 23, 2010 in WP(C) No. 19253 of 2010, where a Division...

Drunk Driving Not Merely 'Reckless', S.304(II) IPC Must Be Added In Accidents Involving Drunk Drivers: Calcutta High Court Remarks

The Calcutta High Court on Monday stressed upon state advocates that in all cases of drinking and driving, where an accident had occurred, the state must add Section 304(II) IPC (culpable homicide not amounting to murder) as a charge against the accused, instead of Section 304(I) for merely reckless driving.Justice Tirthankar Ghosh stated: "Normal reckless driving S,304(I) is okay....SC...

Petition U/S 11 Of Arbitration Act Cannot Be Entertained After Lapse Of 3 Yrs From Date Of Cause Of Action Arising: J&K High Court

The Jammu & Kashmir And Ladakh High Court bench of Justice Tashi Rabstan has held that the petition under section 11 of the Arbitration Act cannot be entertained after lapse of 3 years from the date of cause of action having arisen. Brief Facts The petitioner is a private limited company has filed this petition under section 11 of the Arbitration Act seeking appointment of...