Right Of Preemption A Maligned, Feudal, Archaic And Outmoded Law, Reiterates Supreme Court

The Supreme Court observed that the right of pre-emption is a maligned law and are characterised as 'feudal, archaic and outmoded'.In this case, the appellants are purchasers of the land in question vide sale deed dated 9.2.1990. The sale deed was presented for registration but the registration was completed on 7.1.1992. The proceedings for pre-emption of the land were initiated in terms...

Supreme Court Weekly Round Up: January 3 To January 9, 2022

JUDGMENTS THIS WEEK1. Employee Who Refuses Promotion Offer Not Entitled To Financial Upgradation Merely Because She Suffered Stagnation : Supreme CourtCase name: Union of India vs Manju AroraCitation: 2022 LiveLaw (SC) 1The Supreme Court observed that if a regular promotion is offered but is refused by the employee before becoming entitled to a financial upgradation, she/he shall not be...

Domestic Violence Act - Legal Representative Cannot Seek Monetary Reliefs On Behalf Of Deceased Woman : Bombay High Court

The Bombay High Court has ruled that an aggrieved person, as defined under the Protection of Women from Domestic Violence Act (DV Act), "must be alive at the time of filing of the petition", and someone cannot file an application for monetary reliefs under the act after her demise. Justice Sandeep Shinde, in a judgment last week, dismissed an application filed by a minor girl...

CCI's Order For Preliminary Enquiry Does Not Attract Civil Consequences; Writ Court Can't Interfere : Madras HC

The Court rejected the challenge against the CCI probe raised by tyre manufacturers.

Delhi High Court Weekly Round Up: January 3 To January 9, 2022

SIGNIFICANT JUDGMENTS/ ORDERS THIS WEEK1. Arrest In Breach Of 'Arnesh Kumar' Guidelines : Delhi High Court Sentences Police Officer To One Day ImprisonmentCase Title: RAKESH KUMAR v. VIJAYANTA ARYA (DCP) AND ORSCitation: 2022 LiveLaw (Del) 1In a significant judgment, the Delhi High Court held a police officer guilty of contempt of court for arresting a man in violation of the principles laid...

Bail Application Of 78 Year Old Man Not Heard Due To Non-Appearance Of CBI's Counsel: Supreme Court Requests Allahabad HC To Decide Expeditiously

In a matter where the bail application of a 78 years old man wasn't heard by High Court on account of non-appearance of CBI's Counsel, the Supreme Court of India on Wednesday requested the Allahabad High Court to dispose of the bail application expeditiously and preferably within a period of six weeks.A Bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice...

Karnataka High Court Weekly Roundup: January 3 To January 8, 2022

1: Braille Textbooks: Karnataka High Court Asks State To Ascertain Number Of Visually Disabled Students In Govt & Private SchoolsCase Title: The National Federation Of The Blind, Karnataka v. State Of Karnataka Case No: WP 52201/2019The Karnataka High Court directed the State government to carry out a survey to ascertain the number of blind students who are studying in government...

High Court's Language Is English; Party Can't Insist On Speaking Another Language : Gujarat HC

The Gujarat High Court recently stated that the language of the Court is English and that a party cannot insist on addressing the Court in any other language. The Court referred to Article 348 of the Constitution which mandates that the language of the Court shall be English.A division bench comprising Chief Justice Aravind Kumar and Justice Ashutosh J Shastri took objection to a contemnor,...

Offence Of Rape Not Waived: Delhi HC Refuses To Quash FIR Against Govt Servant Following Settlement & Marriage With Victim

The Delhi High Court has refused to quash an FIR against a Government Servant containing allegations of rape, observing that such an FIR cannot be quashed on the basis of settlement between parties and their subsequent marriage as it does not waive off the offence alleged. Reiterating that the act of rape is not an act against individual but is an offence against the society, Justice...

Appointment Of Resolution Professional: Rajasthan HC Issues Notice On Plea Challenging Constitutionality Of Sections 95, 97 & 99 Of IBC

The Rajasthan High Court has issued notice on a plea challenging the constitutionality of Sections 95, 97 and 99 of the Insolvency Bankruptcy Code, 2016. The division bench of Chief Justice Akil Kureshi and Justice Rameshwar Vyas observed, "Since the provisions of the law framed by the Parliament are under challenge, we therefore issue notice to the learned Additional...

Section 149 IPC- Essential Condition Of An Unlawful Assembly That Its Membership Must Be Five Or More: Supreme Court

The Supreme Court reiterated that it is an essential condition of an unlawful assembly that its membership must be five or more.Less than five persons can be charged under Section 149 only if the prosecution has a case that the persons before the Court and other numbering in all more than five composed an unlawful assembly, these others being persons not identified and un­armed, the...

Kerala High Court Directs Treasury To Hand Over KR Gouri's Savings To Her Niece

Coming to the rescue of K.R Gouri's niece, who was her caretaker till her death, the Kerala High Court ordered the Department of Treasuries to release her entire treasury savings amounting to over Rs 30 lakh.KR Gauri was the first women minister of Kerala.Justice N Nagaresh issued the order on a petition filed by Beenakumari, the daughter of Gouri's younger sister, challenging the...