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"Complainant's Apprehension Regarding Harassment By Police Prima Facie Real": Delhi Court Seeks Status Report In Riots Case
A Delhi Court has observed that the apprehension of a complainant, who was affected by rioting at his residence during the North East Delhi Riots, regarding harassment by police officers seems prima facie real and not illusionary. Additional Chief Metropolitan Magistrate Arun Kumar Garg has thus sought a comprehensive status report from the police for further investigation in the case.The...
'I Personally Check All E-Mails For Expeditious Listing Each Day': Justice Chandrachud To Dushyant Dave Who Complained About Non-Listing Of Matters By Registry
Justice D. Y. Chandrachud on Wednesday told the bar that every morning, he personally peruses all emails to secure a listing which has been received by the court-master from AORs until the previous evening, and "99 out of 100 times", the judge ensures the matters are listed expeditiously.The remark came when Senior Advocate Dushyant Dave voiced the grievance of the Supreme Court...
Specific Performance - 'Readiness' & 'Willingness' Can't Be Proved For First Time Before HC Through Affidavit Without Amending Pleadings : Supreme Court
"Once it is found on appreciation of evidence that there was no willingness on the part of the plaintiff, the plaintiff is not entitled to the decree for specific performance"
Court Not Empowered To Grant Extension For Payment Of Purchase Money In A Decree Of Specific Performance Based On Compromise Agreement: Kerala High Court
The Kerala High Court recently held that the court has no power to extend the time for the payment of purchase money in a decree of specific performance based on a compromise agreement containing self operative clauses between the parties.Justice V.G. Arun also remarked that such an extension would lead to rewriting the terms of the compromise:"The petitioner had neither paid the amounts...
It Is State's Primary Duty To Ensure Uninterrupted Supply Of DNA Test Kits To Forensic Science Laboratory: MP High Court
The Madhya Pradesh High Court on Monday stressed that it is the primary responsibility of the State to ensure uninterrupted supply of "consumables and standard kit" to the Forensic Science Laboratory so that DNA tests can be conducted without any difficulty.The Bench of Justice Gurpal Singh Ahluwalia observed thus while dealing with a bail plea filed by the rape accused claiming that since...
Delhi High Court Extends Life Of Interim Orders Till October 22
The Delhi High Court has extended the life of its interim orders till October 22, 2021.The order was passed while dealing with the suo moto petition registered on the extension of interim orders in all matters pending before it and subordinate Courts, in view of the limited functioning of Courts due to the second Covid wave.A full bench comprising of Justice Vipin Sanghi, Justice Rekha Palli...
Electricity Act - Additional Bill Raised By Distributor After Detecting Mistake Not Hit By 2 Years Limitation Under Section 56(2) : Supreme Court
The Supreme Court has held that an additional bill raised by an Electricity Distribution Company as a licensee under the Electricity Act, 2003, after detecting a mistake, will not be hit by the two years limitation under Section 56(2) of the Act. Section 56(2) says that "no sum due from any consumer, under this section shall be recoverable after the period of two years from the...
Woman Exercising Sexual Autonomy Through Willful Sexual Relationship Cannot Be Presumed To Have Given Consent For Violation Of Reproductive Rights: Delhi Court
A Delhi Court has observed that a woman exercising her sexual autonomy through a willful sexual relationship with her partner cannot be presumed to have given her consent for violation of reproductive rights.Additional Sessions Judge Vishal Gogne also observed that exercise of sexual choices by a woman does not give any right to her partner to sexually exploit her and that she does not...
'Fit Case To Be Included In Law School Syllabus' : Supreme Court On 5th Round Of Litigation Stalling Execution In 50 Yr Old Suit
Astonished at the five rounds of litigation initiated by a litigant(and his successors) over five decades to stall the execution of a civil decree, the Supreme Court remarked that it was a fit case to be included in the law school syllabus as a study material for students to get equipped with various provisions of the Civil Procedure Code relating to execution."...the case on hand is fit to...
State Facilitating Battles Within A Religious Sect: Gujarat High Court Quashes Externment Order Passed Against Priests
The Gujarat High Court last week rebuked the state government for facilitating battles within a religious sect as it quashed externment order passed against two religious priests of the Gadhada temple on account of an ongoing dispute within the Swaminarayan sect concerning temple trust elections.Essentially, the Bench of Justice Paresh Upadhyay was hearing two pleas filed by the two priests...
'No Plan To Kill Or Maim Maneater 'MDT 23' Tiger': TN Forest Officials Inform Madras High Court
The Principal Chief Conservator of Forests, Tamil Nadu informed the Madras High Court on Tuesday that there was no plan to kill or maim the 'MDT 23' tiger which has triggered panic for allegedly killing humans and livestock in Gudalur division of Nilgiris district. A Bench comprising Chief Justice Sanjib Banerjee and Justice P.D Audikesavalu observed, "The Principal Chief Conservator...