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Decree For Specific Performance Can't Be Obtained Behind The Back of A Bona-Fide Purchaser: Supreme Court
The Supreme Court has observed that a decree for obtaining specific performance of a decree cannot be obtained behind the back of a bona fide purchaser especially when the transaction has taken place prior to the institution of the suit for specific performance. A bench of Justices Sanjay Kishan Kaul and M.M. Sundresh, setting aside a judgment of the Madras High Court, observed: "...it is...
'Discriminatory & Callous Approach Not Accepted In Welfare State': Jharkhand HC Quashes Blanket Order Halting Promotions Of Govt Employees
Quashing a blanket order issued by the State against promotion of its employees, the Jharkhand High Court rebuked the State for its discriminatory and callous approach in employing the pick and choose method. Directing the State to consider the petitioners for promotion forthwith, Justice S.N. Pathak observed, "The discriminatory and callous approach of the State is not praiseworthy rather it...
'Medical Negligence Cases Recklessly Launched': Karnataka High Court Bats For Legal Protection Of Doctors Against Bonafide Errors
The Karnataka High Court has suggested that medical professionals should be protected from legal action just like public servants are protected against bonafide errors in their action. Justice Krishna S Dixit expressed that more often than not, the cases of medical negligence are launched recklessly by the patients and their relatives. The court said "Compensation culture'' which...
Man Seen Shaving/Brushing With His Camera On Before Kerala High Court VC
Comical incidents in the courtrooms on virtual platforms took a turn today as a man was seen attending the proceedings possibly shaving or brushing his teeth with his camera switched on before the Kerala High Court. The incident was detected by the other attendees in the morning session before Justice V.G. Arun, who fortunately did not seem to have noticed the same. The ongoing Covid-19...
Service Charge In Restaurants Voluntary Not Mandatory; Forcible Imposition Constitutes Unfair Trade Practice : Consumer Forum
The Kolkata District Consumer Disputes Redressal Forum has recently ruled that restaurants cannot forcibly impose service charge on a customer and accordingly proceeded to direct the concerned restaurant to hand back the service charge it collected from a customer along with a compensation amount. A Bench comprising President Swapan Kumar Mahanty and member Ashok Kumar Ganguly held that...
'Parties Are Educated & Aware Of Their Rights': Rajasthan High Court Waives 6 Months Cooling Off Period For Divorce By Mutual Consent
The Rajasthan High Court has allowed a joint application filed by the petitioner-wife and the respondent-husband for waiver of six months cooling off period prescribed under Section 13-B(2) of the Hindu Marriage Act, 1955 for divorce by mutual consent. Justice Dinesh Mehta, observed,"In light of the facts and circumstances of the case, particularly the fact that the parties...
Kerala High Court Directs State Police Chief To Enquire Into Allegations Of Media Trial In Actor Assault Case On Dileep's Plea
The Kerala High Court on Tuesday directed the State Police Chief to enquire into the allegations raised by actor Dileep that the media was flouting the trial court's order restricting the publication of matters related to the 2017 actor assault case till the conclusion of the trial.Justice Kauser Edappagath remarked that the allegations if found to be true, should be handled with prompt action...
244 Criminal Cases Pending Against MPs/MLAs In WB: Calcutta High Court Seeks Report On Existing Infra Facilities At Special Courts
The Calcutta High Court on Monday took on record an affidavit filed by the High Court administration detailing the status of pending criminal cases against MPs and MLAs in various courts across the State of West Bengal. The Court was hearing suo-motu petition initiated in view of the directions issued by the Supreme Court asking the Chief Justices of the High Courts to formulate an action plan...
'Mercy Petitions Not Decided For Over 7 Years' : Bombay High Court Commutes Death Penalty Of Two Women
Twenty-one years after half-sisters Renuka Shinde and Seema Gavit were sentenced to death for kidnapping 13 children and murdering at least five of them, and 16 years after the apex court upheld the verdict, the Bombay High Court has commuted their sentence to life imprisonment. A division bench of Justices Nitin Jamdar and Sarang Kotwal cited the inordinate delay in disposing of their...
Supreme Court Seeks Union's Response On Plea For Higher Women Intake In NDA, RIMC & Sainik Schools
The Supreme Court on Tuesday sought the response of the Union Government regarding the intake of women candidates in National Defence Academy, Rashtriya Indian Military College, Rashtriya Military Schools and Sainik Schools for 2022 admissions.A bench comprising Justice Sanjay Kaul and MM Sundresh issued notice to the Union on an application that pointed out that even for the NDA I - 2022...