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...

NDPS Act- Recovery Made Otherwise Not Vitiated Merely Because Personal Search Violated Section 50: Supreme Court

The Supreme Court, in an order passed last week, rejected an interpretation that if the personal search is vitiated by violation of Section 50 of the NDPS Act, the recovery made otherwise also would stand vitiated."We cannot give such an extended view", the bench comprising Justices Sanjay Kishan Kaul and MM Sundresh said while dismissing an appeal filed by an accused who was concurrently (by...

MACP Scheme Has Noting To Do With Next Promotional Post; Employee Merely Entitled To Immediate Next Higher Grade Pay : Supreme Court

The Supreme Court has observed that Modified Assured Career Progression (MACP) Scheme has nothing to do with the next promotional post and what the employee would be entitled would be the immediate next higher grade pay in the hierarchy of the recommended revised pay bands.The bench of Justices MR Shah and Sanjiv Khanna was considering a civil appeal assailing Kerala High Court's order...

Writ Plea In Contractual Matters Lies Against State, Instrumentalities If Amount Is Admitted & Undisputed: Allahabad High Court

The Allahabad High Court recently observed that there is no absolute bar on the maintainability of a writ petition against the state and its instrumentalities in contractual matters.The Bench of Justice Manoj Kumar Gupta and Justice Dr. Yogendra Kumar Srivastava remarked that where the amount is admitted and there is no disputed question of fact requiring adjudication of detailed evidence...

"Shocking" Can't Keep A Prisoner In Solitary Confinement For More Than 14 Days - Bombay High Court Rescues Convict After 2.4 Years In Anda Cell

"I have forgotten how to communicate with human beings, every human feeling has been wiped out, even animals are not kept like this", Imran Shaikh a convicted prisoner in solitary confinement for 2 years and four months, had written in anguish to the Superintendent of Central Prison, Aurangabad, in vain. Last week, the Bombay High Court's Aurangabad bench took cognisance of...

Meghalaya High Court Refuses To Interfere With The Governor's Summon To Garo Hills ADC To Take Up No-Confidence Motion

The Meghalaya High Court has refused to interfere with a notice issued by the Governor of Meghalaya under Rule 36(5) of the Assam and Meghalaya Autonomous Districts (Constitution of District Councils) Rules, 1951 ("the Rules"), whereby the District Council had been summoned to take up a no-confidence motion against the Executive Committee of the Garo Hills Autonomous...

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

A weekly round-up of important cases from Madras High Court and its subordinate courts.1. Focus On Circumstances Of Girl's Suicide, Don't Harass Person Who Filmed Allegations About Religious Conversion: Madras High Court Tells PoliceCase Title: M v. The Director-General of Police & Ors.In a petition filed for transfer of investigation pertaining to the demise of a 17-year-old girl to...

Registration Act Does Not Contemplate Inquiry Into Whether PoA Holder Who Executed Document Had Valid Power Of Attorney: Supreme Court

The Supreme Court observed that the production of the original power of attorney is not necessary, if the document is presented for registration by the power of attorney holder who executed the document on the strength of it."The inquiry contemplated under the Registration Act, cannot extend to question as to whether the person who executed the document in his capacity of the power of...