General Power Of Attorney-Cum-Sale Agreement Does Not Confer Ownership, Cannot Defeat Decree For Specific Performance: AP High Court

The Andhra Pradesh High Court has reiterated that a General Power of Attorney-cum-Sale Agreement (GPA/SA) does not confer any title or ownership in an immovable property and cannot be used to defeat a decree for specific performance where a prior sale agreement had culminated in a Court decree and delivery of possession.While dealing with a case where the appellants claimed ownership over a...

Karnataka High Court Frowns Upon Police For Filing Defective Chargesheets In Election Offences Against Prominent Personalities

The Karnataka High Court on Thursday (October 16) frowned upon police officers for filing defective chargesheets in offences related to Elections involving prominent personalities.Justice S Sunil Dutt Yadav observed “The seriousness with which election offences are dealt with requires to be commented upon. There is a separate chapter---Chapter IXA for offences relating to Elections in...

Relief To Rahul Gandhi, Gauhati High Court Quashes Order Summoning Additional Witnesses In 2016 Defamation Case Against Him

The Gauhati High Court quashed a sessions court order permitting the complainant to adduce three additional witnesses in a 2016 criminal defamation case lodged against Congress leader Rahul Gandhi. The court said that the grounds based on which complainant had sought summoning of additional witnesses were not specific, broad, general and the complainant had not demonstrated in what manner...

'You Can't Shunt Him For Keeping Water Bottles, Shocks Conscience': Kerala High Court On KSRTC Driver's Transfer Over Bottle Row

The Kerala High Court on Thursday (October 16) orally observed that the transfer of Kerala State Road Transport Corporation (KSRTC) driver Jaimon Joseph, who came to limelight following 'bottle' row, has shocked its conscience. The controversy relates to transfer of driver, after the State Transport Minister, K.B. Ganesh, stopped the bus on its route and found it to be in an 'unclean...

'Imminent Danger To Citizens': Kerala High Court Expresses Alarm Over Periyar River Pollution, Slams Centre–State Rift For Delaying Cleanup

The Kerala High Court on Thursday expressed concern over the continuing pollution of the Periyar river and the apparent lack of coordination between the Union and State Governments.The division bench of Justice Devan Ramachandran and Justice M B Snehalatha while considering a batch of petitions concerning the pollution of Periyar river noted that the situation had reached an...

Husband Obligated To Support Wife's Education, Empower Her: MP High Court Grants Maintenance To Wife Pursuing MD Homeopathy

The Madhya Pradesh High Court on Wednesday (October 15), granted maintenance to a woman living separately from her husband and pursuing her MD in Homoeopathy, observing that a husband also has a duty to help complete the course that would enhance his wife's capabilities and empower her. In doing so, the bench also set aside the order of the family court that rejected the woman's application...

Mens Rea Not Prerequisite For Imposing Penalty U/S 117 Of Customs Act: Karnataka High Court

The Karnataka High Court held that mens rea is not a prerequisite for imposing a penalty under Section 117 of the Customs Act. Section 117 of the Customs Act, 1962, addresses penalties for contraventions not specifically mentioned elsewhere in the Act. Justices S.G. Pandit and K.V. Aravind stated that a plain reading of Section 117 of the Act makes it clear that whenever...

No 'Inflexible Rule' Of Holding Test Identification Parade In Every Case To Rely Upon Identification Made By Witness: Kerala High Court

The Kerala High Court has observed that there is no stringent rule which requires holding of a test identification parade (TIP) in every case in order to rely upon an identification made by a witness.A division bench comprising Dr. Justice A.K. Jayasankaran Nambiar and Justice Jobin Sebastian observed: “There is no inflexible rule that, in order to rely upon an identification made by...

Tax Demands Raised Post Approval Of IBC Resolution Plan Are Not Enforceable: Karnataka High Court

The Karnataka High Court recently reiterated that tax demands raised by revenue authorities after the approval of a resolution plan under the Insolvency and Bankruptcy Code (IBC) are unenforceable if the claims were not submitted during the Corporate Insolvency Resolution Process (CIRP).A single bench of Justice M Nagaprasanna observed,“There is no jurisdiction to parallelly...

Bank Can Assign Debt Even If NPA Classification Is Later Declared Invalid: Rajasthan High Court

The Rajasthan High Court dismissed a writ petition filed against SBI's assignment of debt in favor of Alchemist Asset Reconstruction Company Ltd. (AARC) holding that even if NPA classification is later declared invalid, it does not affect the validity of assignment of debt. Justice Rekha Borana held that “the assignment cannot be invalidated merely because the NPA classification...

Madras High Court Asks Air India To Pay ₹35K To Man Who Found Hair In Food, Says Airline Attempted To Pass Liability To Caterer

The Madras High Court has directed Air India Limited to pay a compensation of Rs. 35,000 to a man, who had found a hair in the food packet served to him on flights. Justice PB Balaji noted that the airlines were negligent and had mischievously attempted to shift the liability to the caterer. Though the court interfered with the order of trial court imposing a compensation of Rs....

Objections U/S 47 CPC Can't Be Entertained In Enforcement Of Arbitral Awards U/S 36 Of A&C Act: Orissa High Court

The Orissa High Court has recently held that objections under Section 47 of the Code of Civil Procedure ('CPC') cannot be allowed to be raised in the enforcement proceeding of an arbitral award, as enunciated under the provision of Section 36 of the Arbitration and Conciliation Act, 1996 ('A & C Act').While bringing clarity as to applicability of Section 47 of CPC to arbitral proceedings,...