Plea In Allahabad High Court Challenges NOIDA Authority's Demolition Notice Declaring Constructions On Yamuna Floodplains As Illegal

A petition has been moved before the Allahabad High Court challenging a public notice issued by the NOIDA Authority on June 8 declaring that no construction is permissible in the Yamuna/Hindon flood plains area and all the constructions therein shall be liable to be demolished.In the past few days, several farmhouses/structures were demolished by the Noida Authority in its anti-encroachment...

Supreme Court Halts Dispossession Of Pujaris For Kalkaji Temple Redevelopment

While considering a Special Leave Petition assailing Delhi High Court's order directing pujaris and unauthorized occupants in city's Kalkaji Temple to vacate the premises by June 6, the Supreme Court on Monday said that the temple's redevelopment can be carried out without dispossessing the pujaris from the premises where they are said to be residing. The vacation bench of...

Even In The Absence Of An Arbitration Agreement, The Matter Can Be Referred To Arbitration Under Section 18 Of The MSMED Act: Punjab And Haryana High Court

The Punjab and Haryana High Court has ruled that even in the absence of an arbitration agreement between the parties, the matter can be referred to arbitration under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act). The Single Bench of Justice Lisa Gill reiterated that the MSMED Act being a Special Act shall prevail over the Arbitration...

Junior Resident Doctors Serving In ESIC Approach Supreme Court Seeking To Be Included In 50% "In Service" Reservation For PG Courses

Junior Resident Doctors who've completed their MBBS courses from Institutions/ Hospitals run by the Employees State Insurance Corporation ("ESIC") have approached Supreme Court seeking to be included in the 50% "in- service" doctors reservation for PG courses, which is currently restricted to Insurance Medical Officers grade.On being mentioned by AOR Sachin Patil, the vacation bench of...

Long Cohabitation Between Man & Woman Raises Strong Presumption In Favour Of Their Marriage: Supreme Court

The Supreme Court reiterated that long cohabitation between a man and women raises a strong presumption in favour of their marriage.Although, the presumption is rebuttable, a heavy burden lies on him who seek to deprive the relationship of legal origin to prove that no marriage took place, the bench comprising Justices S. Abdul Nazeer and Vikram Nath observed.BackgroundIn this case,...

No Need To File Separate Final Decree Proceedings In Partition Suit ; Trial Courts Should Proceed Suo Motu Soon After Passing Preliminary Decree: Supreme Court

The Supreme Court has directed the Trial Courts dealing with partition suits to proceed suo motu with the case soon after passing the preliminary decree."We direct the Trial Courts to list the matter for taking steps under Order XX Rule 18 of the CPC soon after passing of the preliminary decree for partition and separate possession of the property, suo motu and without...

Hate Speeches Delivered By Political & Religious Leaders Bulldoze Constitutional Ethos, Warrant Stringent Peremptory Action: Delhi High Court

The Delhi High Court has observed that hate speeches especially delivered by elected representatives, political and religious leaders based on religion, caste, region or ethnicity militate against the concept of fraternity, bulldoze the constitutional ethos and violates Articles 14, 15, 19, 21 read with Article 38 of the Constitution of India.Justice Chandra Dhari Singh also observed that...

Rajasthan High Court Weekly Roundup: June 6 To June 12, 2022

Nominal Index Eptisa Servicios De Ingenieria SL versus Ajmer Smart City Limited 2022 LiveLaw (Raj) 181 Hemant Nahta v. The Honble Speaker, Rajasthan Assembly & Ors. 2022 LiveLaw (Raj) 182 Geetanjali Medical College And Hospital v. The Union of India with other connected matters 2022 LiveLaw (Raj) 183 1. Award Cannot Be Remitted To The Arbitral Tribunal Under Section...

Prophet Remark Row: Jamiat Ulama-I-Hind Moves Supreme Court Against Alleged Vengeful Demolitions In Uttar Pradesh

In an another important development in the Prophet Remark Row and the demolitions thereafter, Jamiat Ulama-I-Hind has moved the Supreme Court seeking directions to the State of Uttar Pradesh to ensure that no further demolitions are carried out in the State without following due process. The applicant has sought directions to initiate action against officials responsible for the...

File A Fresh Plea To Vote For MLC Polls: Bombay High Court Tells Cabinet Minister Nawab Malik

The Bombay High Court on Monday asked Maharashtra Cabinet Minister and NCP leader Nawab Malik to file a fresh plea to vote in the upcoming state MLC polls.Justice PD Naik refused to allow an amendment and pursue reliefs through Malik's pending petition regarding the Rajya Sabha Polls."File a fresh petition, this petition has become infructuous. By carrying out an amendment, a new prayer cannot...

Allahabad High Court Lawyers Write To CJ To Take Cognizance Of 'Illegal' Demolition Of Activist's House In Prayagraj

Four advocates of the Allahabad High Court have written to the Chief Justice to take cognizance of the 'illegal' demolition of the House in Prayagraj. Last evening, the Local authorities had demolished the home of Javed Mohammad, a leader of the Welfare Party of India and the father of activist Afreen Fatima.The four advocates namely: K.K. Roy, M Saeed Siddiqui, Rajvendra Singh and Prabal...

S.47-A(3) Of Indian Stamp Act Permits Collector To Issue Suo Motu Notice Within 3 Yrs From Date Of Registration Of Instrument: Punjab & Haryana HC

The Punjab and Haryana High Court has held that under Section 47-A of the Indian Stamp Act, if the Collector concerned believes that proper duty has not been paid on a respective property, he may give the person concerned reasonable opportunity of being heard and hold an enquiry under sub section (2).The bench comprising Justice Jaishree Thakur added that Section 47-A (3) empowers the...