Suit Won't Abate For Not Impleading All LRs Of Deceased Defendant If Estate Was Substantially Represented By Other Defendants : Supreme Court

The Supreme Court has held that a suit will not abate for not impleading all legal representatives of the deceased defendant, if the estate of the deceased was otherwise substantially represented by other defendants on record.Suit can't be held to be abated in the event of death of one of the defendants, when the estate/interest was being fully and substantially represented in the suit jointly...

'There Was Mistake On Part Of This Court' : Supreme Court Recalls Order Disbursing Money To Two Persons In Unitech Case

Recently, the Supreme Court applied the principle of restitution and directed two individuals to return the money disbursed pursuant to its order, from the sale proceeds of Unitech’s land sold to M/s. Devas Global Services LLP. While passing the order of restitution, a Bench comprising CJI DY Chandrachud and Justice MR Shah reiterated the principle enshrined in Indore Development Authority...

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Hindu Succession | If Law Gets Amended Before Passing Final Decree In Partition Suit, Parties Can Seek Its Benefit : Supreme Court

The Supreme Court has held that during the pendency of a partition suit, the parties can seek benefit of the amended law, when final decree has not been passed. Accordingly, the preliminary decree in a partition suit can be varied in the final decree proceedings, if the law governing the parties has been amended.The Bench comprising of Justice A.S. Bopanna and Justice J.B. Pardiwala has...

“Degree In Medicine” Should Be Understood Expansively: Madras High Court Permits Siddha And BDS Graduates To Apply For Food Safety Officer

The Madras High Court has recently held that a “Degree In Medicine” which has been specified as a qualification for appointment to the post of Food Safety Officer should be understood expansively. The court thus noted that the term “medicine” would include Siddha and BDS system of medicine also. Emphasizing the importance of the Siddha system of medicine, Justice GR Swaminathan...

Can Religious Education Be Imparted In Govt-Funded Madrasas, Does It Violate Articles 14, 25, 26, 29 & 30?: Allahabad HC Asks Centre, State Govt

The Allahabad High Court recently sought a response from the Central and State Governments as to whether religious education can be imparted in Government funded Madrasas and whether this could be in violation of Articles 14, 25, 26, 29, and 30 of the Constitution of India."The affidavits of the Central Government from the Secretary, Ministry of Minority Affairs, Government of India and...

NCDRC: Non-Compliance Of Pollution Level Guidelines Cannot Be Used As Force-Majeure To Cause Inordinate Delay In Possession Of Flats

A division bench of the National Consumer Dispute Redressal Commission (NCDRC), comprising presiding members Ram Surat Ram Maurya and Dr. Inder Jit Singh, held that while the consumers can be expected to reasonably wait for the possession of the flat/unit, there must not be an inordinate delay. The Commission rejected the Developers’ contention of non-compliance of the National...

Plain & Literal Interpretation Of Section 37 NDPS Act Would Make Bail Impossible: Supreme Court Adopts 'Prima Facie' Test

The Supreme Court of India, while enlarging on bail an undertrial prisoner who was arrested seven years ago under the Narcotic Drugs and Psychotropic Substances Act, 1985 for his alleged involvement in peddling a prohibited substance, observed that a plain and literal interpretation of the rigorous conditions under Section 37 would make granting of bail impossible.A division bench of Justices...

NCDRC: Incorporation Of One-Sided Clauses In An Agreement Constitutes Unfair Trade Practice

A division bench of the NCDRC comprising presiding members Justice Ram Surat Ram Maurya and Dr. Inder Jit Singh, while adjudicating on a consumer complaint against the flat developers, reiterated that the remedies under the Consumer Protection Act are in addition to the remedies under other statutes. Further, incorporation of one-sided clauses in the agreement where the buyer is expected...

'Constitution Of India Doesn't Put A Price Tag On Liberty': Allahabad HC Cautions Trial Courts Against Putting Onerous Surety Conditions In Bail Matters

The Allahabad High Court recently cautioned the Trial Court against putting onerous surety conditions in bail matters which have no connection with the socio-economic status of the prisoner as it noted that the same would negate the order granting bail, and undermine the fundamental right of liberty of the prisoner guaranteed under Article 21 of the Constitution. Stressing that the...

In Suit For Possession, Prior Possession Becomes Relevant When Both Parties Fail To Establish Title : Supreme Court

In a suit for possession, if both parties have not established title, then the party who proved prior possession will succeed, held the Supreme Court recently. Such right of the person who had prior possession will hold good against the whole world except the person who has the title over the property.In this regard, the Court applied the maxim "Possessio contra omnes valet praeter eur cui...

Mumbai Gets Heavy Monsoon, Better Tech For Rehabilitation Of 100 Yrs Old Storm Water Drains Can't Be Avoided Merely Due To Extra Cost: Bombay High Court

The Bombay High Court recently held that use of best possible technology to rehabilitate 100 years old storm water arch drains in Mumbai is of paramount importance as Mumbai receives heavy monsoon every year.A division bench of acting Chief Justice SV Gangapurwala and Justice Sandeep V Marne added that merely because the better technology involves extra cost compared to other...