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Consent Decree Would Not Serve As An Estoppel Where The Compromise Was Vitiated By Fraud, Misrepresentation, Or Mistake: Supreme Court
The Supreme Court observed that a consent decree would not serve as an estoppel, where the compromise was vitiated by fraud, misrepresentation, or mistake.This case arose out of a suit for possession and mesne profits filed by one Beant Singh against Compack Enterprises with respect to the ground floor of the property owned by the former. The High Court passed a consent...
Supreme Court Dismisses Plea By Doctors Challenging Extension Of DNB Courses By National Board Of Examination
Supreme Court has on Wednesday dismissed the plea by the Association of Diplomate of National Board Doctors challenging the National Board of Examination's notice that extended training of the DNB candidates by 3 months due to Covid19. The plea argued that the decision is prejudicial to the career of the students who helped the Nation fight the Covid-19 pandemic. A division...
Special MP/MLA Benches To Only Hear Cases Against Them; Not Those Filed By Them, Orders Madras High Court
The Madras High Court has ordered that Special Benches, which are established in Courts to expeditiously hear criminal cases pertaining to MPs/ MLAs, will only hear cases "filed against" them. The Court has made it clear that such Special Benches will not hear cases that are "filed by" these MPs/ MLAs. The direction comes in a suo moto petition registered by the High Court...
Issue Directions To All Authorities To Stop Manual Scavenging : Karnataka High Court Directs State Govt
The Karnataka High Court on Wednesday suggested to the State government to consider issuing a general direction to all authorities and agencies and instrumentalities of the state for implementation of Rule 3, of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Rules, 2013. The rule states that no person shall be allowed to clean a sewer manually, with...
'Life & Its Consumption Includes Necessary Hygiene & Sanitation': Allahabad High Court In Plea For Construction Of Ladies' Toilets In Police Stations
"Life and its consumption includes necessary hygiene and sanitation. In absence of adequate facilities to meet essential human requirements, life cannot be led with dignity", observed the Allahabad High Court on Wednesday. The observation was made by a Division Bench comprising of Chief Justice Govind Mathur and Justice Saurabh Shyam Shamshery while hearing a PIL filed by certain...
Presence Of Arbitration Clause In Contract Between State Instrumentality & Private Party Does Not Oust Writ Jurisdiction Under Article 226: Supreme Court
The Supreme Court observed that presence of an arbitration clause within a contract between a state instrumentality and a private party is not an absolute bar to availing remedies under Article 226 of the Constitution.The bench comprising Justices DY Chandrachud and MR Shah observed that the State and its instrumentalities are not exempt from the duty to act fairly merely because in...
BREAKING : 'Woman Has Right To Put Her Grievance Even After Decades' : Delhi Court Acquits Priya Ramani In MJ Akbar's Criminal Defamation Case
A Delhi Court on Wednesday acquitted journalist Priya Ramani in the criminal defamation case filed by former Union Minister MJ Akbar over the "metoo" sexual harassment allegations made by her."Woman has right to put her grievance at a platform of her choice even after decades", the Court observed. It observed that a man of social status can also be a sexual harasser."Sexual abuse takes...
'One Time Settlement With Banks No Ground To Quash Loan Fraud Case' : Supreme Court Rejects Plea Against ED Case
The Supreme Court on Wednesday refused a plea to quash a case registered by the Enforcement Directorate under the Prevention of Money Laundering Act over the loan fraud allegations in Telangana.A Bench headed by Chief Justice of India SA Bobde observed that the banks have agreed for One-Time Settlement could not be a ground for quashing, even though it could be a defence in trial,...
No Link Between Char Dham Highway Project & Uttarakhand Disaster, Centre Tells Supreme Court
In connection with the Char Dham Highway Project, the Supreme Court on Thursday granted two weeks' time to the Centre to file its response to the report of the court-appointed High Powered Committee, in the wake of the recent Uttarakhand floods.Appearing before a bench headed by Justice Rohinton Nariman, Attorney General K. K. Venugopal, for the Defence Ministry, advanced that the assertions...
Supreme Court Allows Jamiat Ulema-E-Hind To Intervene In Pleas Challenging 'Love Jihad' Laws
The Supreme Court on Wednesday allowed 'Jamiat Ulema-E-Hind'(a body of Islamic scholars) to get itself impleaded as a respondent in the petitions challenging the laws made by Uttar Pradesh, Uttarakhand etc on religious conversion and inter-religious marriages, which are popularly known as the 'love jihad laws'.Senior Advocate Ejaz Maqbool mentioned the impleadment application filed by...
Inappropriate To Entertain Art. 32 Plea By Homebuyers Against Developers: Supreme Courts Points To Provisions In CPA, RERA, IBC, Criminal Law
The Supreme Court on Thursday declared that proceedings under Article 32 of the Constitution by a purchaser, seeking relief in respect of a real estate project, cannot be entertained. The bench of Justices D. Y. Chandrachud and M. R. Shah was considering a writ petition by one of the home-buyers in respect of a real estate project called "Sushant Megapolis" in Bulandshahar. The primary...