Carriage by Air Act 'Expressly Excludes' Provisions Of Limitation Act : Supreme Court

The Supreme Court held the Rule 30 of the Second Schedule to Carriage by Air Act, 1972 expressly excludes the applicability of the Limitation Act,1963.The bench comprising Justices KM Joseph and PS Narasimha dismissed an appeal against Bombay High Court judgment which held that a suit filed by a proprietary firm against British Airways is barred by limitation. Rule 30Rule 30 of the Air Act...

Unitech Case - Nobody Has Been Authorised To Collect Money From Homebuyers For Providing Hearing Updates: Supreme Court

The Supreme Court on Wednesday clarified that neither it nor the Government-appointed Board of Directors of Unitech has authorized any person to act as an intermediary to collect any charges from the Company's home buyers or any other person for providing an update with regard to the court proceedings.A Division Bench comprising of Justices DY Chandrachud and MR Shah further observed that...

Section 482 CrPC - High Court Can Recall Judgment/Order Which Was Passed Without Hearing A Person Prejudically Affected By It: Supreme Court

The Supreme Court observed that a High Court has inherent power under Section 482 CrPC to recall a judgment/order which was passed without hearing a person prejudicially affected by it.In this case, the allegation against the accused was that they had cheated the deceased of Rs.2,35,73,200/- and thus the deceased, who was in acute financial crunch, was constrained to take his own life....

Allahabad High Court Half Yearly Digest: January to June 2022 [Citation 1- 306]

CITATIONS 2022 LiveLaw (AB) 1 to 2022 LiveLaw (AB) 306 Monthly Digests Allahabad High Court Monthly Digest: January 2022 [Citations 1-28] Allahabad High Court Monthly Digest: February 2022 [Citations 29-80] Allahabad High Court Monthly Digest: March 2022 [Citations 81 To 150] Allahabad High Court Monthly Digest: April 2022 [Citations 151 To 220] Allahabad High Court...

1.78 Crore Cases Disposed Of By Virtual Courts, 19.2 Million Cases Heard By HCs & District Courts Through VC: Justice D.Y. Chandrachud

While delivering the Vote of Thanks in the inaugural function of the 1st All India District Legal Services Authorities Meet, Dr. Justice D.Y. Chandrachud, judge of the Supreme Court, highlighted the impact of technology on furthering access to justice to citizens of India. While accentuating upon the technological advancements undertaken by the judiciary, Justice Chandrachud stated...

Expedite Release Of Undertrials, Provide Them Legal Aid : Prime Minister Urges District Legal Services Authorities

Underscoring the issue of undertrials who remain incarcerated for want of legal aid, the Prime Minister of India Narendra Modi on Saturday urged the District Legal Services Authorities to expedite the release of undertrials by using their position in the District Level Undertrial Review Committees. Speaking at the 1st First Meeting of the All India District Legal Services...

'Strengthening The District Judiciary Is The Need Of The Hour': CJI N.V. Ramana

While delivering his speech at the First Meeting of the All India District Legal Services Authority, organised by NALSA, Chief Justice of India, N.V. Ramana emphasized on the urgent need to strengthen the subordinate judiciary. District Courts being people's first point of contact with the judiciary plays a pivotal role in the dispensation of justice. Every progressive policy needs a...

Can't Invoke Article 32 To Enforce Places Of Worship Act In Dispute Among Same Religious Denomination : Supreme Court To Jain Sect

The Supreme Court, on Friday, refused to entertain a plea filed under Article 32 of the Constitution by members of the Mohijit Samudaya of the Tapagachh denomination of the Shwetambar Murtipujak Jain religion seeking to enforce the Places of Worship(Special Provisions) Act 1991 against the alleged conversion of places of worship by another segment of the same denomination. The...

Supreme Court Half Yearly Digest 2022 on BAIL

Anticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in declining the prayer...

'Wish/Desire Of Child' Is Different From 'Best Interest Of Child' : Supreme Court Allows A Father's Plea Seeking Child Custody

The Supreme Court observed that the question of 'what is the wish/desire' of the child is different and distinct from the question 'what would be the best interest of the child'."The question 'what is the wish/desire of the child' can be ascertained through interaction, but then, the question as to 'what would be the best interest of the child' is a matter to be decided by the...

Justice AM Khanwilkar's Legacy : Regression of Fundamental Rights

When it came to the exercise of judicial review and protection of fundamental rights, Justice Khanwilkar displayed a narrow and technical approach.

Justice BS Chauhan Commission Recommends Disciplinary Action Against Public Servants For Loss Of Records Of Vikas Dubey's Cases

The inquiry commission headed by former Supreme Court judge Justice (Retd) B S Chauhan to probe into the encounter of gangster Vikas Dubey recommended initiation of disciplinary proceedings against the erring public servants for loss of records of cases relating to Vikas Dubey, gangster who was killed in an encounter by the UP Police in 2020. The recommendations which have been made in...