Supreme court
Sec.31 Specific Relief Act | Not Mandatory For Third Party, Against Whom A Sale Deed Is Void, To Seek Its Cancellation : Supreme Court
The Supreme Court observed that as per Section 31 of the Specific Relief Act, 1963 (“SRA”), it is not mandatory for a third party, agaisnt whom a sale deed is void, to seek its cancellation.In essence, the court said that when a sale deed is executed between the parties, a third person who was not party to the sale and affected by the sale deed cannot be asked to file a separate...
Defiant Tenant Faces Supreme Court's Ire, Held Guilty For Contempt For Not Vacating Premises
The Supreme Court recently convicted a tenant for contempt of court for violating the Court's directions to deliver vacant possession of the property to the landlord.“Disregarding a Court's order may seem bold, but the shadows of its consequences are long and cold," the bench comprising Justices JK Maheshwari and Rajesh Bindal observed.The bench explained that the power to punish for...
Compensation For Surrendering Land For Public Purpose Once Determined Is Payable Without Formal Request, Failure Violates Article 300-A: Supreme Court
The Supreme Court on Friday (September 13) ruled that the doctrine of delay and laches does not apply to cases where compensation is being sought for land surrendered for public amenities like DP Roads and compensation must be granted, even if no formal request is made.“When relief in the nature of compensation is sought, as in the instant case, once the compensation is determined in the...
Resignation Not Final Until Its Acceptance Is Communicated To Employee : Supreme Court
Holding that the resignation letter was withdrawn before it was accepted, the Supreme Court allowed the reinstatement of an employee to the Railways.The Court observed that an internal communication about accepting the employee's resignation letter could not be said to be acceptance of the resignation letter. It added that unless such acceptance was communicated to the employee, the...
Supreme Court Sets Aside Grant Of Land Acquisition Compensation Share To Persons Who Purchased Sites From Party Having No Title
The Supreme Court set aside a Karnataka High Court judgment that awarded 30 percent of the compensation for land acquired for a Metro Rail Project to ten private individuals, despite the plaintiff being declared the lawful owner of the property.The ten individuals had purchased sites on the land from a cooperative society and constructed property on it. The society claimed rights over the...
Election Petition Should Not Be Rejected At Threshold Where There Is “Substantial Compliance” Of RP Act Provisions: Supreme Court
In a setback to Manipur BJP MLA Kimneo Haokip Hanghing, the Supreme Court yesterday refused to allow her petition seeking rejection of the Election Petition under Order 7 Rule 11 Civil Procedure Code (“CPC”) pending against her before the Manipur High Court. Kimneo Haokip was elected from Saikul Assembly Constituency in the 12th General Elections to the Manipur Legislative Assembly...
Preventive Detention | Failure To Furnish Documents Relied On By Detaining Authority Violates Article 22(5) : Supreme Court
While quashing the prevention detention of a man for non-supply of relevant materials to challenge the detention order, the Supreme Court has held that failure to furnish copies of documents relied on by the Detaining Authority would deprive the detenu of making an effective representation.A bench of Justices B.R. Gavai, Prashant Kumar Mishra and K.V. Viswanathan held that while it is...
Important MCQ's Based On Latest Supreme Court Judgments For Law Examinations
Q 1. State whether it is permissible for the High Courts in a Second Appeal to create a new case for the parties while framing additional questions of law which were never raised in the pleadings.a. No, the High Court cannot create such question of laws which were never a part of the pleadings.b. Yes, the High Court had a wide power to frame any such additional issues which it find...
We Trust Members Of Bar When We Hear Cases, But False Statements Shake Our Faith : Supreme Court
The Supreme Court recently dismissed two writ petitions where remission was sought by the advocate by pleading false statements in the writ petition as well as before the Court. Taking an exception to the continuous false statements made in the petition for remission, Justices Abhay S. Oka and Augustine George Masih remarked: "A large number of petitions are being filed in this Court wherein...
NEET-UG 24 | Supreme Court Rejects Plea For Retest By Candidate Suffering From Hyper Sweating Who Wasn't Allowed Handkerchief In Exam
The Supreme Court in a recent order dismissed a petition by NEET UG 2024 candidate suffering from condition of excessive sweating who sought a retest claiming that he was not allowed to carry his handkerchief into the exam hall. It was the case of the petitioner, who was represented by his father as petitioner in person, that he suffers from a condition causing excessive sweating of the palms...
Supreme Court Dismisses Guru Manicka Prabhu Temple Head's Claim Over Chennai's Arulmighu Kamakala Kameshwarar Temple Property
The Supreme Court today dismissed an appeal filed by the spiritual head of Chennai's Guru Manicka Prabhu Temple, claiming a property adjacent to the Arulmighu Kamakala Kameshwarar Temple as his private property.A bench of Justice Abhay Oka and Justice Augustine George Masih upheld the view of the division bench of the Madras High Court that the property was a trust property dedicated to...
No 'Procedural Infirmity' In CBI Arrest, There Was A Judicial Order : Justice Surya Kant In Kejriwal's Case
While rejecting Delhi CM Arvind Kejriwal's petition challenging his CBI arrest in the liquor policy case, Justice Surya Kant of the Supreme Court today held that there was no reason for the arresting officer to form an opinion regarding reasons for arrest as the agency arrested Kejriwal pursuant to a judicial order.Even though the validity of arrest was upheld, the Court granted him...