Homebuyer's Right To Compensation For Delayed Flat Delivery : Supreme Court Explains Principles

In a recent judgment in Greater Mohali Area Development Authority (GMADA) v. Anupam Garg & Ors., the Supreme Court clarified that while developers must refund the principal amount with interest to aggrieved homebuyers in cases of delay or non-delivery, they cannot be held liable for paying interest on the personal loans taken by buyers to finance their homes.In the decision, the Court...

Woman Judge Objects To ACR Entries Made After Petition For Child Care Leave; Supreme Court Seeks HC Response

The Supreme Court today (June 11) issued notice in an Interlocutory Application filed by the lady Additional District Judge alleging that after she filed a writ petition challenging the rejection of her childcare leave, some remarks have been made in her Annual Confidential Report (ACR) suggesting performance counselling to her.The Supreme Court bench of Chief Justice of India BR Gavai...

For Limitation Under S.468 CrPC, Date Of Filing Complaint Is Relevant & Not Date Of Taking Cognizance : Supreme Court

In a recent judgment (Ghanshyam Soni v. State (NCT of Delhi) & Anr), the Supreme Court reiterated that the relevant date for computing the limitation period under Section 468 of the Code of Criminal Procedure, 1973 is the date of filing of the complaint or the institution of prosecution, not the date when the Magistrate takes cognizance."It is a settled position of law that for...

India's Judiciary Plays Unifying Role In Sustaining Nation's Diverse & Democratic Character: Justice Surya Kant

"India's judiciary plays a unifying role in sustaining the diverse and democratic character of the nation,” Supreme Court judge Justice Surya Kant said at an event in Washington last week."The Indian judiciary plays a unifying role in sustaining the diverse and democratic character of the nation, anchoring its people—at home and abroad—in shared constitutional values. As the interpreter...

Sub-classification Doesn't Question Reservation's Success, Ensures Fair Share For Marginalised Within Backwards : CJI BR Gavai

Chief Justice of India BR Gavai opined that the principle of subclassification within the quotas for Scheduled Castes does not question the success or relevance of reservation and that it ensures that the marginalised within the backward classes get their due share.Last year, a Constitution Bench of the Supreme Court, in State of Punjab v. Davinder Singh, had held that subclassification...

Developer Not Liable To Pay Homebuyer's Bank Loan Interest For Delay In Flat Delivery : Supreme Court

In a notable ruling shaping the rights of homebuyers and the liabilities of real estate developers, the Supreme Court has clarified that while developers must refund the principal amount with interest to aggrieved homebuyers in cases of delay or non-delivery, they cannot be held liable for paying interest on the personal loans taken by buyers to finance their homes.A bench of Justice Sanjay...

Supreme Court Quashes S.498A IPC Case Against Husband & In-Laws, Cautions Against Misuse Of Law

The Supreme Court recently quashed an FIR and chargesheet filed against a husband and his family members for the offence under Section 498A of the Indian Penal Code(domestic cruelty towards wife), emphasizing that generic allegations lacking specificity cannot sustain a criminal trial.A Bench comprising Justice B.V. Nagarathna and Justice Satish Chandra Sharma delivered the ruling in...

'Is Govt Trying To Protect Justice Shekhar Yadav?' : Kapil Sibal Questions Lack Of Action On Impeachment Motion

Senior Advocate and Rajya Sabha MP Kapil Sibal today questioned why Rajya Sabha Chairman Jagdeep Dhankhar has not taken any action on the impeachment motion moved against Justice Shekhar Kumar Yadav of the Allahabad High Court for allegedly making communal statements and hate speech.Sibal convened a press conference today in the wake of a report of the Hindustan Times which suggested that...

Supreme Court Refuses To Reduce Sentence Of Lawyer For Abusing Woman Judge During Proceedings

The Supreme Court today (June 10) refused to take a lenient approach in a matter where a lawyer was convicted for abusing a lady judicial officer in Court. The bench refused to reduce the imprisonment sentence to 6 months and said "Today, majority of our officers in Delhi are women. They will not be able to function like this- if somebody can get away like this. Think of their state," the...

'Is Ph.D Equal To Post Graduation?' : Supreme Court Stays Delhi HC Judgment Quashing Appointment Of NCISM Chairperson

The Supreme Court on Tuesday (June 10) stayed the judgment of the Delhi High Court which quashed the appointment of Vaidya Jayant Yeshwant Deopujari as the Chairperson of the National Commission for Indian System of Medicine (NCISM).A bench comprising Justice Prashant Kumar Mishra and Justice Manmohan passed the interim order while issuing notice on the Special Leave Petitions filed by...

'Technology Must Not Replace Judicial Functions' : CJI BR Gavai Sounds Caution About Use Of AI & Automated Systems

Chief Justice of India BR Gavai has underscored the need for cautious integration of technology and Artificial Intelligence (AI) in the judicial system, asserting that while technology can be a valuable tool, it must not undermine the core tenets of judicial reasoning.CJI Gavai said that around the world, the rise of automated decision- making systems raises questions about the nature of...

Magistrate Orders FIR Into Death Of Man In Delhi Police Custody

A Delhi Magistrate has ordered the registration of FIR in respect of the death of a man in the custody of the Delhi Police.Chief Judicial Magistrate, Rohini Courts, passed the order in an application filed by one Setara Bibi under Section 156(3) of the Code of Criminal Procedure seeking investigation into the death of her husband, Sheikh Shadat, on July 22/23, 2023, while he was under the...