Agreement To Sell Doesn't Transfer Ownership Rights Or Confer Title : Supreme Court

The Supreme Court reiterated that an agreement to sell does not transfer ownership rights or confers any title."Agreement to Sell is not a conveyance; it does not transfer ownership rights or confers any title," observed a bench comprising Justices Vikram Nath and Rajesh Bindal.Therefore, the bench held that the agreement to sell was not barred under the Karnataka Prevention of Fragmentation...

Mobile App For E-Filing And Judges Dashboard And Many More...Kerala High Court Set To Launch Various IT Applications, E-Initiatives Today

The Kerala High Court is set to launch various IT Applications and e-Initiatives today (November 15, 2023), at 4:40 P.M. at the Banquet Hall of the Court. The E-initiatives, along with a short video on 'Evolution and Progress of the Case Management System (CMS)' shall be released by the Kerala High Court Chief Justice A.J. Desai.The following Software Applications are set to be...

Bihar State Legal Services Authority Launches SITARA Scheme for Transgender Persons' Welfare

Under the leadership of Justice Chakradhari Sharan Singh, JAD-1, Patna High Court-cum-Executive Chairman, Bihar State Legal Services Authority (BSLSA) unveiled the "Scheme for Integration of Transgender Persons and their Rehabilitation and providing Access to Justice), 2023" (SITARA, 2023) for the first time.The scheme aims to oversee the proper implementation of the Transgender...

Can't Object To Judgeship Merely For Views Held As Lawyers : CJI DY Chandrachud On Justice Victoria Gowri's Elevation

During a recent conversation at Harvard Law School, Chief Justice DY Chandrachud responded to a question about the appointment of Justice Victoria Gowri to the Madras High Court, which became controversial as she was facing accusations of making hate speeches against religious minorities. The audience member raised concerns about the collegium not withdrawing the recommendation...

Supreme Court Half Yearly Digest 2023: Insolvency And Bankruptcy Code

Companies Act, 2013 - Upholds the constitutionality of Section 327(7) of the Companies Act, which excludes workers dues from priority payment in the event of liquidation of a company under the Insolvency and Bankruptcy Code 2016 - The object and purpose of amending the Companies Act 2013 and to exclude Sections 326 and 327 in the event of liquidation of a company under IBC seem to be that...

'Threat To Girl Children Including Those Yet To Be Born': Why Kerala Court Awarded Death Penalty To Convict For Rape-Murder Of 5 Year Old

"Manner in which a five year old girl was abducted, intoxicated with liquor, raped repeatedly, done carnal intercourse against the order of the nature, murdered the child and the method adopted by the accused for defacing and concealing the dead body revealed the traits of outrageous criminality in the behaviour of the accused and his premeditated action," a Kerala Court observed on...

New Criminal Procedure Code Needs Provision To Secure Safe Custody Of Digital Evidence : Parliamentary Panel

The Bharatiya Sakshya Bill and the Bharatiya Nagarik Suraksha Sanhita - which are introduced by the Union Government to replace the Indian Evidence Act and the Code of Criminal Procedure - has no provision to safeguard the authenticity and integrity of digital evidence, observed the Department-related Parliamentary Standing Committee on Home Affairs.The Bharatiya Sakshya Bill (BSB) has...

Deviation From Plain Terms Of Contract Warranted Only When It Serves Business Efficacy Better: Supreme Court

The Supreme Court recently reiterated the need of interpreting commercial contracts in alignment with the original intent of the parties involved. It also opined that a deviation from the plain terms of the contract is warranted only when it serves business efficacy better.Reliance was also placed on the Transmission Corporation of Andhra Pradesh Ltd v. GMR Vemagiri Power Generation...

'Past Conduct Not Always A Factor When Imposing Death Penalty' : Supreme Court Commutes Death Sentence

Last week, the Supreme Court set aside the death sentence of a man accused, along with others, of firing on and killing multiple people over suspected political enmity in Uttar Pradesh’s Muzaffarnagar, observing that although the crime fell in the ‘rarest of rare’ category, the death row convict was not beyond reformation. His recidivism had factored in with the confirming...

Kerala Court Awards Death Penalty To Convict For Rape-Murder Of 5-Year-Old Within 109 Days Of Offence

A Kerala Court on Tuesday sentenced to death a 28 year old man for the brutal rape and murder of a 5 year old girl at Aluva in July this year.The convict is Asafaq Alam, a native of Bihar. The victim also belonged to a migrant labourer family hailing from Bihar.Ernakulam POCSO Court Judge K. Soman passed the sentence within 109 days of the occurrence of the tragic incident. The child had...

Supreme Court Weekly Roundup (6th Nov-12th Nov)

Nominal Index [Citations: 2023 LiveLaw (SC) 955-974]Vishnubhai Ganpatbhai Patel and another v. State of Gujarat 2023 LiveLaw (SC) 955Bambhaniya Sagar Vasharambhai v. Union Of India 2023 LiveLaw (SC) 956Lombardi Engineering Ltd v. State of Uttarakhand 2023 LiveLaw (SC) 958Union of India & Ors v Dilip Paul 2023 LiveLaw (SC) 959C. RAJENDRAN. v. UNIVERSITY OF CALICUT 2023 LiveLaw...

Need To Separate The Chaff From The Grain Only Where Testimony Is Partly Reliable And Partly Unreliable : Supreme Court

The Supreme Court, recently (On November 08), while setting aside a conviction in a murder trial, reiterated the well-established law that there are three types of witnesses-, one those who are wholly reliable, second one is wholly unreliable, and lastly, the one who are neither wholly reliable nor wholly unreliable. The reliance was placed upon the landmark decision of Vedivelu Thevar v....