Supreme court
Prisoners Have No Fundamental Right To Demand Personalised Or Luxurious Food Items : Supreme Court
The Supreme Court today(July 15) observed that while the State has moral and constitutional obligations to ensure that prison facilities are as the Rights of Persons with Disabilities, 2016, the right to reasonable accommodation does not extend to creating an obligation on authorities to ensure personalised or costly food items to prisoners with disabilities. It said that the inability of...
'State Must Uphold Rights Of Prisoners With Disabilities' : Supreme Court Issues Directions For Prisons In Tamil Nadu
In a significant judgment today(July 15) for disability rights, the Supreme Court issued guidelines for prisoners with disabilities across all prisons in Tamil Nadu, including that all prisons must be equipped with disability-friendly infrastructure such as accessible toilets, ramps, and there must be dedicated spaces for physiotherapy etc. The directions, issued in the larger public interest...
'UGC Regulations Binding On State Once Adopted' : Supreme Court Quashes Appointments Of 1091 Asst Professors In Punjab
Reiterating that the regulations of the University Grants Commission (UGC) are binding on a State which has adopted them, the Supreme Court on Monday (July 14) set aside the appointments of 1,091 assistant professors and 67 librarians made by the Punjab Government in October 2021.The Court observed that there was "total arbitrariness" in the entire process, which was carried out for...
S.39 Specific Relief Act | Principles On Grant Of Mandatory Injunction : Supreme Court Explains
The Supreme Court on Monday (July 14) observed that a grant of mandatory injunction under Section 39 of the Specific Relief Act, 1963 (“SRA”) is discretionary, and can be granted only upon the breach of an enforceable legal obligation. The Court said that a mandatory injunction cannot be granted unless there exists a legal right and there's a breach of that legal right. The...
Lawyer Has Duty To Inform About Party's Death; Plea Of Suit Abatement Can't Be Accepted If Defendant's Lawyer Suppressed Death : Supreme Court
The Supreme Court held that defendants cannot seek abatement of a suit on account of the death of some co-defendants when their counsel has knowingly suppressed the fact of their death.The Court held that such non-disclosure, despite the lawyer's obligation under Order XXII Rule 10A of the Civil Procedure Code cannot later be used to claim the benefit of abatement.“Under Rule 10A of Order...
Res Judicata Can't Be Ground To Reject Plaint Under Order VII Rule 11 CPC : Supreme Court
The Supreme Court held that a plea of 'res judicata' cannot be decided in an application filed under Order VII Rule 11 of the Code of Civil Procedure for rejection of a plaint.The Court held that res judicata is an issue to be decided in trial and cannot be summarily decided in an application to reject the plaint.A bench comprising Justice PS Narasimha and Justice Joymalya Bagchi was hearing...
