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...

Employees Compensation (Amendment) Act, 2017 Receives President’s Assent [Read The Act]

The Employees Compensation (Amendment) Act, 2017 received the President’s assent on April 12, 2017. It was introduced in the Lok Sabha in August, 2016, and amends the Employee’s Compensation Act, 1923.The main amendments introduced by the Act are: The employer needs to inform an employee of his rights to compensation under the Act in writing as well as through electronic means. Failure to...

A “Sudden Fight” Implies Mutual Provocation And Blows On Each Side: SC Explains Difference Between Two Exceptions To Murder [Read Judgment]

Supreme Court in Surain Singh Vs State of Punjab has explained the differences between two exceptions of Murder under Section 302 of Indian Penal Code .In the scheme of the Penal Code, “culpable homicide” is genus and “murder” its specie. All “murder” is “culpable homicide” but not vice-versa. Speaking generally, “culpable homicide” sans “special characteristics...

5 Basic Rights The Law Guarantees Every Indian Consumer

“Consumer can be king only if he protects his rights as though it is his kingdom!”A fiercely competitive market comes with its own benefits – of having a choice and getting only the best, but also has its own share of negatives – of being taken for a ride way too often only for a few bucks!To battle this, the Indian law lays down certain regulations and guidelines for protecting...

Happy Financial Year

On Thursday, Parliament passed the Finance Bill 2017 by rejecting some amendments proposed by the Rajya Sabha. Passing of the finance bill is a spectacular event every year but this year's budgetary exercise was completed without any flashiness.As per the Article 109 of the Constitution of India, the Upper house has limited powers with respect Money bills that introduced in the government....

Maternity Benefit (Amendment) Bill, 2016 Passed

Parliament has passed the Maternity Benefit (Amendment) Bill, 2016 as Loksabha passed it on Thursday.Rajyasabha had passed the Bill during the winter session of Parliament.The Maternity Benefit Act 1961 protects the employment of women during the time of her maternity and entitles her of a ‘maternity benefit’ – i.e. full paid absence from work – to take care for her child. The act...

5 Legal Rights That Every Woman Should Know About!

We hear people saying that India is not a safe place anymore and that offences and crimes against women has been rising rapidly. Where goddesses are worshipped while women (of any age) are raped, grouped and harassed. The only way out to keep an eye on such horrific happenings is to make laws and rules stricter to keep a check on such shaming crimes, but also on the other hand these laws are also misused to cater evil motives.Most people are unaware of their legal rights until they appoint...