Latest News
Section 482 CrPC- Criminal Proceedings Cannot Be Quashed Merely Because Complaint Was Lodged By Political Rival: Supreme Court
The Supreme Court observed that criminal proceedings cannot be quashed under Section 482 of the Cr.P.C. only because the complaint was lodged by a political rival.The fact that the complaint may have been initiated by reason of political vendetta is not in itself ground for quashing the criminal proceedings, the bench comprising Justices Indira Banerjee and AS...
BCI May Allow Persons With Other Jobs To Provisionally Enrol As Advocates On Undertaking To Resign From Job Within 6 Months After Clearing AIBE : Supreme Court
The Supreme Court, on Thursday, accepted the suggestion made by Amicus Curiae Senior Advocate KV Vishwanathan that persons engaged in other employments can be permitted to provisionally enrol with the concerned Bar Council and to appear in the All India Bar Examination (AIBE), and that upon clearing the AIBE, they can be given a period of 6 months to decide whether to join legal profession...
Once Suit For Permanent Injunction Stood Decreed, Executing Court Cannot Render Said Decree Nugatory: Punjab And Haryana High Court
Punjab and Haryana High Court on April 18, 2022, while dealing with a civil revision petition under Article 227 of the Constitution of India for setting aside an order passed by the Trial Court, held that once a suit for the permanent injunction was decreed the same cannot be declared nugatory by the Executing Court stating that the petitioner ought to file a suit...
Manifest Intention To Arbitrate Is A Sine Qua Non For Filing An Application Under S.9 Before The Commencement Of The Arbitration: Madras High Court
The High Court of Madras has held that manifest intention to arbitrate is a sine qua non for filing an application under S. 9 before the commencement of the arbitration. No interim relief can be granted if the intention to arbitrate is missing. The Single Bench of Justice M. Sundar held that manifest intention to arbitrate is a jurisdictional fact that must precede the application...
Gaighat Shelter Home Case Investigation Will Be Completed Within 4 Weeks: Bihar Govt Tells Patna High Court
The Bihar government has submitted before the Patna High Court that the investigation in Gaighat Shelter Home case, which relates to sedation and sexual abuse of women at the institution, would be completed within 4 weeks. During the hearing, Advocate General Lalit Kishor, appearing for the state government, stated before the division bench of Chief Justice Sanjay Karol and Justice S...
Easement Right Cannot Be Created By Parties Themselves, Has To Be Proved According To The Act: Madras High Court
The Madras High Court bench of Justice Teeka Raman has held that the easement right cannot be created by the act of the parties themselves without any recital in the documents. The easement right is a statutory right and therefore has to be proved in a manner known to law. The court was hearing a second appeal filed by one Nallammal for permanent injunction. The lower courts had passed...
Relief Of Possession Is Ancillary To Decree For Specific Performance And Need Not Be Specifically Claimed; Section 22(2) Specific Relief Act Is Directory : Supreme Court
The Supreme Court held that Section 22(2) of the Specific Relief Act is only directory provision and the relief of possession is ancillary to the decree for specific performance and need not be specifically claimed. Section 22 deals with a Court's power to grant relief for possession, partition, refund of earnest money, etc. Section 22(2) ) provides that no relief under clause (a) or clause...
Disparaging Advertisements: Delhi High Court Directs Parle To Modify Two Ads In Trademark Infringement Suit By Britannia Cookies
In relief to Britannia which runs the product range Good Day Butter Cookies, the Delhi High Court has directed Parle Biscuits to take down two of its advertisements, disparaging the former's products.Justice Pratibha M Singh directed Parle to ensure that it modifies the ads within 2 weeks by blurring the image of cookies displayed by them, which is similar to those sold and marketed...
Broad-Based Consultation Required On Raising Retirement Age Of High Court Judges: Union Law Minister
Union Law Minister Kiren Rijju in response to the query of P. Wilson, Member of Parliament, Rajya Sabha regarding enhancement of retirement age of Judges of the High Court, has stated that such a move would require broad-based consultation with the Attorney General for India, Ministry of Finance, Department of Legal Affairs, Legislative Department, Legal luminaries and other...
Accused Cannot Claim Blanket Exemption From Personal Appearance In Cases Under Section 138 NI Act: Supreme Court
The Supreme Court observed that an accused cannot claim a blanket exemption from appearance in a case pertaining to the offence under Section 138 of the Negotiable Instruments Act.In this case, the Magistrate dismissed an application filed by the accused in a cheque bounce case claiming a blanket relief of his being exempted, on all dates, when the case would become listed before the...
Jahangirpuri Demolition: Shop Owner Moves Supreme Court Against Demolition Of His Juice Shop, Seeks Compensation
A juice shop owner from Delhi's Jahangirpuri area has moved the Supreme Court of India, claiming that his shop was unauthorizedly demolished by the New Delhi Municipal Corporation on Wednesday.Significantly, a Bench led by Justice Nageswara Rao today, while hearing a petition filed against the said demolition drive, said that it will take a "serious view" of the demolitions that took...