Erroneous Decision That Didn’t Give Effect To Statutory Prohibition Will Not Operate As Res Judicata: SC [Read Judgment]

The public policy contained in other statutory prohibitions, which need not necessarily go to jurisdiction of a court, must equally be given effect to, as otherwise special principles of law are fastened upon parties when special considerations relating to public policy mandate that this cannot be done, the court said.In Canara Bank vs NG Subbaraya Setty, the Supreme Court has observed that...

Mere Abduction Of Woman Doesn’t Attract Offence Under Section 366 IPC: SC [Read Judgment]

It must further be proved that the accused abducted the woman with the intent that she may be compelled, or knowing it to be likely that she will be compelled to marry any person or in order that she may be forced or seduced to illicit intercourse or knowing it to be likely that she will be forced or seduced to illicit intercourse, the Court said.The Supreme Court has reiterated that...

Information Utilities 101 And A Primer On Compliance With RBI's Dec. 19, 2017 Notification On Information Utilities

The Reserve Bank of India on December 19, 2017, issued a notification directing all financial creditors to submit financial information and information relating to assets in relation to which any security interest has been created to the National E-Governance Services Ltd (NeSL), which is India's first registered information utility (IU). This article aims to address the fundamental concepts...

Explained: Death Penalty- Matters Of Judgment

The Centre on the Death Penalty of the National Law University, released on November 8, a Judges’ Opinion Study, titled “Matters of Judgment” on the death penalty and the Criminal Justice System.  Livelaw seeks to answer some questions, arising out of the study.Q: Why is the study significant?A: The aim of the study is to explore the opinions of former judges of the Supreme Court of...

Explained: Disqualification Of Sharad Yadav As Rajya Sabha Member [Read Notification]

On December 4, the Vice President, M.Venkaiah Naidu, in his capacity as the  Chairman, Rajya Sabha, disqualified the Janata Dal (U) Leader, Sharad Yadav, as a member of the Rajya Sabha, under the Anti-Defection Act.Here are some questions and answers on the issue:Q: So, is it the fastest decision by any Presiding Officer, under the Anti-Defection Act?A: It appears so.  The Leader of the...

Delay In Seeking Compensation For Land Acquisition Can Be Condoned In Appropriate Cases: SC [Read Order]

The Supreme Court, on Friday, ruled that delay in seeking compensation from land acquisition authorities can be condoned in appropriate cases.The Bench comprising Justice A.K. Goel and Justice U.U. Lalit observed, "We are of the view that even though limitation is prescribed and it is expected that the aggrieved party takes remedies within such prescribed time, the delay can be extended...

No Bar For Filing Application Under Order 1 Rule 10, Even When That Filed Under Order 22 Rule 4 Of CPC Is Dismissed As Not Maintainable: SC [Read Judgment]

Justice, according to the law, does not merely mean technical justice, but that law is to be administered to advance justice, the bench observed.The Supreme Court, in Pankajbhai Rameshbhai Zalavadia vs Jethabhai Kalabhai Zalavadiya (Deceased) through LRs & Ors, has held that there is no bar for filing the application under Order 1 Rule 10, even when the application under Order 22 Rule 4...

Proper Valuation Of Suit Property Stands On Different Footing Than Applicability Of Particular Provision Of Court Fee Act: SC [Read Judgment]

The Supreme Court, in J Vasanthi vs N Ramani Kanthammal, has observed that proper valuation of the suit property stands on a different footing than applicability of a particular provision of an Act under which court fee is payable and the defendant can raise the plea of jurisdiction in the latter case.The high court, in the instant case, had upheld the trial court order wherein it held that...

Can A Governor ‘Summon’ A Chief Minister?

The Kerala Governor, P.Sathasivam tweeted on July 30 that he summoned the Chief Minister of Kerala, and the State Police Chief to know about action taken by State government on law and order issues in Thiruvananthapuram. Another tweet from the Governor said that the Chief Minister, who met him at the Raj Bhavan, assured him that law breakers would be sternly dealt with, irrespective of status...

Article 256 of the Constitution: An Explainer

In his recent judgment in Swaraj Abhiyan v Union of India and Others, indicting the Centre for its inaction and the states which defied the National Food Security Act, 2013, Supreme Court Justice Madan B Lokur, drew attention to Article 256 of the Constitution, calling it a “forgotten” provision.  The learned Justice may indeed be correct,  as it is not very often that one comes across...

No Right To Redemption After Issuance Of Sale Certificate To Auction Purchaser: SC [Read Judgment]

If there remained no subsisting mortgage, it is difficult to fathom what was to be redeemed, the bench observed.The Supreme Court, in Allokam Peddabbayya vs Allahabad Bank, has held that if the right to redeem stood extinguished by operation of law under proviso to Section 60 of the Transfer of Property Act, 1882, prior to the period of limitation, it cannot be contended that the right...

Landlord Can Pursue Eviction Proceedings On Surviving Grounds Even After Taking Possession: SC [Read Judgment]

The landlord had approached the Rent Control Court seeking eviction of tenant under Section 11(4) (iii) and Section 11(4) (iv) of the Kerala Buildings (Lease and Rent Control) Act, 1965. Setting aside a Kerala High Court order, the Supreme Court, in Valiyavalappil Sarojakshan vs Sumalsankar Gaikevada, has held that merely because a landlord has taken possession on the basis of an order...