Restraint Of Trade Clause Must Be Reasonable For A Contract To Be Enforceable: Delhi Court

A Delhi Court has observed that for a contract to be enforceable, the restraint of trade clause included in it must be reasonable. It added that the reasonability can be ascertained on the grounds of time period, geographic location and scope of work. Civil Judge Richika Tyagi of the Tis Hazari Courts was dealing with an application filed by the plaintiff under Order 39 Rule 1 & 2 CPC....

BREAKING| Gurugram Namaz Issue : CJI Agrees To Give Immediate Listing To Plea Seeking Contempt Action Against Haryana Officials

The Chief Justice of India NV Ramana on Monday agreed to give urgent listing to a petition seeking contempt action against the officers of the State of Haryana for their alleged inaction in preventing the disruption of Namaz offerings by the Muslim community in open designated places in Gurugram.Senior Advocate Indira Jaising mentioned the petition before the CJI."This is not only based...

"Serious Assault On Dignity Of Complainant": Delhi HC Refuses To Quash FIR Of Stalking, Sexual Harassment Despite Settlement Between Parties

The Delhi High Court has refused to quash an FIR filed against a man accused of stalking, sexual harassing and circulating morphed photographs of an undergraduate girl, despite settlement between parties. Considering the nature of offences committed against the girl, Justice Mukta Gupta was of the view that the FIR cannot be quashed merely on the ground that the man later showed repentance...

Scheme Providing Backdoor Entry Into Service Violates Article 16 : Supreme Court On Railways LARGESS Scheme

The Supreme Court on Tuesday reiterated that the Liberalized Active Retirement Scheme for Guaranteed Employment for Safety Staff notified by the Railways ("LARSGESS Scheme") provides an avenue for backdoor entry into service and is contrary to the mandate of Article 16 which guarantees equal opportunity in matters of public employment.The bench of Justices DY Chandrachud and AS Bopanna...

All High Courts Weekly Roundup [24 January- 30 January]

Allahabad High Court 1. Caste System Deep Rooted In Society; We Couldn't Get Out Of The 'Menace' Even After 75 Yrs Of Freedom: Allahabad High Court Case title - Sanni Singh v. State Of U P And Another Case Citation: 2022 LiveLaw (AB) 22 "Caste system in our society is deep-rooted, we boast ourselves as an educated society but we live our lives with double standards....

2021 Sees Highest Death Row Population Since 2004; No Death Sentence Confirmation By Supreme Court : Project 39A NLU-D Report

Project 39A at National Law University, Delhi published the sixth edition of the Death Penalty in India: Annual Statistics Report which provides an annual update on the use of the death penalty in India alongwith the legislative and international developments on the issue. As on 31st December 2021, there were 488 prisoners on death row across India (a steep rise of nearly 21% from...

Courts This Week - A Weekly Round Of Important Legal Developments In The Country [Episode-100]

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Civil Court Jurisdiction Excluded From Landlord-Tenant Disputes Covered Specifically By State Rent Acts : Supreme Court

The Supreme Court has held that the jurisdiction of civil courts are excluded from landlord-tenant disputes when they are specifically covered by the provisions of the State Rent Acts, which are given an overriding effect over other laws.The Court held this while explaining the interplay between the Burmah Shell (Acquisition of Undertakings) Act, 1976 and the Haryana (Control of Rent...

Rajasthan High Court Weekly Roundup: January 24 To January 30, 2022

Judgments/ Orders of the Week 1. Contempt Proceedings Not Maintainable If Two Interpretations Are Possible & Impugned Action Is Not Contumacious: Rajasthan High Court Case Title: Anupama Singh v. Badri Narayan Sharma & Ors. Citation: 2022 LiveLaw (Raj) 33 The Rajasthan High Court, Jaipur Bench has observed that a contempt proceeding would not...

Bombay High Court Weekly Round-Up: January 24 To January 30, 2022

1. Section 60/61 Contract Act - If Adjustment Is Made Towards A Particular Invoice, It Can't Extend Limitation For Other Outstanding Invoices: Bombay High Court Case Title: Anmol Steel Processors Pvt Ltd vs Colour Roof (India) Ltd Citation: 2022 LiveLaw (Bom) 16 The Bombay High Court held that once payment is adjusted at the creditor's discretion under Section 60 of the Contract...

Senior Advocate & Additional Solicitor General RS Suri Passes Away

Senior Advocate and Additional Solicitor General Rupinder Singh Suri passed away. He has also served as the President of the Supreme Court Bar Association and the Supreme Court Advocates on Record Association.He is survived by his wife Gurvinder Suri and daughters Suruchi Suri and Simar Suri. His daughters are also advocates. Details of last rites are to be...

"Peshkars/Readers Duty-Bound To Write Legible Orders": Allahabad High Court Warns Of Action Against Erring Officials

Observing that some of the orders, statements, and office reports in the Subordinate Courts are written in bad handwriting that the same cannot be read properly, the Allahabad High Court has warned erring officials of action in case they fail to write legible orders.It may be noted that in October 2021, the Allahabad High Court had observed in its order that it is the bounded duty of...