Sale With A Mere Condition Of Retransfer Is Not A Mortgage, Reiterates SC [Read Judgment]

Any recital relating to mortgage or the transaction being in the nature of a conditional sale should be an intrinsic part of the very sale deed which will be the subject matter.

Right To Use Passage Granted In The Sale Deed Will Not Extinguish In Terms Of Section 41 Indian Easements Act: SC [Read Judgment]

The Supreme Court has held that right to use passage granted in the sale deed will not extinguish in terms of Section 41 of the Indian Easements Act, 1882. In this case [Dr. S. Kumar vs. Ramalingam], the contention put forth on behalf of the plaintiff, was that the easement rights were not granted specifically to the defendant as the recitals in the sale deed are generic in nature usually put...

Breaking - Karnataka Rebel MLAs Cannot Be Compelled To Attend House; No Time Limit Fixed For Speaker's Decision On Resignations : SC [Read Order]

The Supreme Court on Wednesday passed an interim order holding that the fifteen rebel MLAs of Karnataka assembly cannot be compelled to attend assembly proceedings, and that they were at liberty to skip attending house. The bench of CJI Gogoi, Justices Deepak Gupta and Aniruddha Bose also refused to fix a time frame for the Speaker to decide on the resignations submitted by the MLAs. The...

Can Resignation Avoid Disqualification? Rohatgi, Singhvi & Dhavan Battle It Out In Karnataka MLAs Case [Court Room Exchange]

"Pendency of a disqualification is not a bar to the Speaker to act on resignation. The procedure, the Articles for the two are completely different. The roles of the Speaker in disqualification and in resignation under 190 are different. And the decision is subject to Your Lordships' jurisdiction", began Senior Counsel Mukul Rohatgi for the rebel MLAs."All 10 of the MLAs had resigned on July...

Cross Objection Should Be Disposed On Merits Notwithstanding Dismissal Of Appeal: SC [Read Judgment]

"Rejection of cross objection without any discussion and reason cannot be countenanced."

Karnataka Crisis : SC To Pronounce Orders Tomorrow On Rebel MLAs' Plea For Acceptance Of Resignations

The main issue is whether the Court can direct the Speaker to take a decision on the resignations submitted by the rebel MLAs, when disqualification proceedings have been initiated against them.

Coastal Road Project: Bombay HC Sets Aside CRZ 2011 Clearance Granted By MCZMA, MoEF And EAC To South Section [Read Judgment]

The Bombay High Court has set aside the Coastal Regulation Zone (CRZ) clearance granted to southern part of the coastal road project by the Maharashtra Coastal Zone Management Authority (MCZMA), Expert Assessment Committee (EAC) under the Ministry of Environment and Forest (MoEF) as well the Ministry of Environment and Forest.Allowing the petitions filed by various citizen groups...

'Assault On Independence Of Lawyers' : Bar Association Of India Condemns CBI Raids On Jaising, Grover [Read Statement]

The Bar Association of India has issued a statement condemning the CBI raids on the offices and residences of Senior Advocates Indira Jaising and Anand Grover as 'excessive, disproportionate and unjustified'.The raids amount to 'an assault on the independence of lawyers engaged in constitutionally protected activities of advancing human rights and upholding the rule of law', said the BAI."The...

Existence Of Commercial Relations Between Parties In Summary Suit By Itself Not A Ground For Imposing Condition To Grant Leave To Defend: SC [Read Judgment]

"In a summary suit, if the defendant discloses such facts of a prima facie fair and reasonable defence, the court may grant unconditional leave to defend."

Sister Abhaya Murder Case : SC Dismisses Discharge Pleas Of Accused Priest, Nun

The Supreme Court on Monday dismissed the special leave petitions filed by Thomas Kottoor and Sephy against a April 9 judgment of the High Court of Kerala which had upheld the trial court's dismissal of their discharge pleas in the Sister Abhaya murder case.As a result of the dismissal by the bench of Justice Abdul Nazeer and Subhash Reddy the petitioners, a priest and a nun in the...

Execution Petition Filed Without Certified Copy Of Decree Maintainable: SC [Read Judgment]

"The High Court was not right in holding that in the absence of a formal decree not being drawn or/and filed, the decree holder had no right to file the Execution petition on the strength of the consent order."

AAMSU Challenges Foreigners (Tribunal) Amendment Order 2019 In SC [Read Petition]

The All Assam Minority Student's Union (AAMSU) has filed a petition under Article 32 of the Constitution challenging the constitutional validity of the Foreigner's (Tribunals) Amendment Order, 2019 which was issued by the Central Government on May 30th, 2019, in pursuance of its power under Section 3 of the Foreigner's Act, 1946.It has been contended in the petition that the Order is violative...