Confusion about working and non-working days cannot save limitation to file a suit: SC

Confusion about working and non-working days cannot save limitation to file a suit, the Apex Court has observed while allowing an appeal (AJAY GUPTA VS. RAJU @ RAJENDRA SINGH YADAV) against an ‘interesting’ High Court judgment on limitation.In the instant case, the last date for filing the suit was 31.12.2010, the last day of winter vacation for court. 01.01.2011 was a Saturday and the...

SCRA prevails over Contract Act and Sale of Goods Act: SC [Read Judgment]

Apex Court Bench comprising of Justices Anil R. Dave and R. Banumathi has held that the Securities Contracts (Regulation) Act, 1956 (SCRA) is a special law to regulate the sale and purchase of shares and securities and hence it prevails over the provisions of the Indian Contract Act, 1872 and Sale of Goods Act, 1930.This observation was made by the Supreme Court in Securities and Exchange...

Farmer in possession of leased premises cannot be evicted even after expiry of Lease period: SC [Read Judgment]

The operation of Section 116 of the Transfer of Property Act would confer legitimacy to the possession of the tenant even after the termination or expiration of the deemed period of the lease so as to confer on him a status akin to that of a statutory tenant and hence protection from eviction as envisaged by the provisions of the Act of 1953, the Bench said.Three Judge Bench of the Apex Court...

Pay 300 Cr soon or go back to jail: SC to Subrato Roy

Sahara group chief Subrata Roy secured a huge relief from the Supreme Court today when it extended till August 3 the parole granted to him on humantarian grounds following the death of his mother. But there was a rider.There was a strict condition that he will have to deposit the balance of Rs 300 crore, out of the Rs 500 crore promised by him."But you remember you have to deposit balance Rs...

High Courts Weekly Round-Up

Bombay High CourtThe Bombay High Court refused to quash criminal proceedings against a man who married a lady who had accused him of raping her.Gujarat High CourtThe Gujarat High Court granted Bail to Hardik Patel on the main condition that he shall file a fresh notarized undertaking before the Trial Court within a period of two days from the date of his release on the same line as filed...

Bombay HC refuses to quash criminal proceedings against ‘Rape’ accused who married the Victim

The Bombay High Court has refused to quash criminal proceedings against a man who married a lady who had accused him of raping her.The lady had accused a man for repeatedly inducing her to have physical relationship with him with a false promise to marriage. The lady had to undergo abortion twice and later she complained to police after he...

Junk food to become costlier in Kerala as new budget imposes ‘fat tax’

In a first of its kind, the Kerala Government has introduced a ‘fat tax’ on consumption of Pizzas and Burgers and other junk food sold through restaurant.The first state budget of the new LDF Government in Kerala which was presented by the State Finance Minister Dr. Thomas Issac today has imposed 14.5% tax on branded restaurants selling by items like tacos, pizzas, burgers, sandwiches,...

Tenant’s application for renewal to conduct business cannot be rejected for want of consent of the landlord; SC [Read Judgment]

Valid tenancy itself has implied authority of the landlord for legitimate use of the premises by the tenant, the Court observed.The Supreme Court in Sudhakaran vs. Corporation of Kochi has held that the requirement of consent of landlord is applicable only when a person intends to obtain a licence for the first time and not for Renewal or subsequent application for obtaining licence on expiry...

The statement “inclusive of all taxes” does not mean the assessee admitted charging Sales tax: SC

A market retail price stating that it is inclusive of all taxes could be the starting point, but would not prove and establish that the sales-tax has been collected, the Bench said.The Supreme Court in Deputy Commissioner of Commercial Taxes (Vigilance) Versus M/s Hindustan Lever Limited, has observed that the statement on the packaged product ‘inclusive of all taxes’, means all taxes...

Plea in Kerala HC against Collegium system of Appointment of Judges [Read Petition]

The Appellant had approached the single bench,seeking an order of ad-interim injunction direction, to refrain from proceeding any further with the selection and appointments of judges to the august office of Supreme Court and Various High Courts by means of the “Collegium System” pending finalization of Memorandum of Procedure (MOP) as envisaged in the judgment of the NJAC case.In the...

Kerala HC admits petition seeking to declare contempt of court jurisdiction as unconstitutional [Read Petition]

The Division Bench of High Court of Kerala, comprising of Acting Chief Justice Thottathil B Radhakrishnan and Justice P.V Asha has admitted a writ petition seeking to declare the exercise of contempt of court jurisdiction as unconstitutional.The public interest litigation has been filed by Advocate Mathews J Nedumpara contending that contempt jurisdiction amounted to negation of powers of...

Senior lawyer Ravi Shankar Prasad is the New Law Minister of India

Ravi Shankar Prasad is the New Law Minister of India. In the cabinet reshuffle, Ravi Shankar Prasad replaced Sadananda Gowda who was occupying the post.Ravi Shankar Prasad who did his Law graduation from Patna University has been practising at the Patna High Court since 1980. He was designated senior advocate at the Patna High Court in 1999 and Senior Advocate at the Supreme Court of India...