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Specific Relief Act - Compensation In Lieu Of Specific Performance Can't Be Granted Unless Specifically Claimed In Plaint : Supreme Court
In a recent judgement, the Supreme Court disallowed the claim for damages raised in lieu of specific performance of contract citing the reason that the plaintiff had not specifically sought the relief of compensation in the plaint.The Court referred to Section 21(5) of the Specific Relief Act which says :"No compensation shall be awarded under this section unless the plaintiff has claimed...
'Affidavits Not Mere Sheets Of Paper But Solemn Statements On Oath' : Supreme Court Upholds Cancellation Of NOIDA Plot Allotment
Holding that affidavits are not mere sheets of paper but solemn statements on oath and that fraud vitiates all proceedings, the Supreme Court has upheld the cancellation of an allotment of plot by NOIDA authority. The Court observed that cancellation of allotment of plot obtained after filing false affidavit is a legitimate ground of cancellation of lease.The bench of Justices Hemant Gupta and...
Sale Pursuant To Public Auction Cannot Be Set Aside On The Basis Of Some Offer Made By Third Parties Subsequently: Supreme Court
The Supreme Court observed that a sale pursuant to public auction cannot be set aside on the basis of some offer made by third parties subsequently and that too when they did not participate in the auction proceedings.Under normal circumstances, unless there are allegations of fraud and/or collusion and/or cartel and/or any other material irregularity or illegality, the highest offer received...
'Even Teachers Not Spared': Advocate Alleges Misuse Of HC Order In Hijab Ban Case; Advocate General Assures To Look Into It On Giving A Written Complaint
"The police are deployed in front of the gate and they are forcing Muslim girls and threatening them. But the order was not to wear hijab inside the classroom", the advocate submitted.
'You Have To Follow Due Process Of Law' : Supreme Court Rejects UP Govt's Objections To Refund Of Crores Recovered From Anti-CAA Protesters Before 2020 Act
After the Supreme Court last week pulled up the UP government for acting on 274 recovery notices issued to alleged anti-CAA protestors in December, 2019, the state on Friday informed the Court that the notices and the consequent proceedings have been duly withdrawn.The Supreme Court had reprimanded the state government for affecting recoveries in violation of its judgments in Kodungallur...
Don't Insist On Rs 20K Deposit From Evicted Slum Dwellers To Consider Rehabilitation Applications : Supreme Court To Surat Municipal Corporation
While hearing the special leave petitions assailing Gujarat High Court(s) demolition order, the Supreme Court today directed the Surat Municipal Corporation ("Authority") to accept the forms given by the desirous applicants for grant of alternative accommodation in view of demolished residential house on the railway property without insisting on deposit of Rs 20,000 as pre...
Quasi-Judicial Authority Has To Disclose Material That Has Been Relied Upon At The Stage Of Adjudication: Supreme Court
The Supreme court observed that a quasi-judicial authority has a duty to disclose the material that has been relied upon at the stage of adjudication.Keeping a party bereft of the information that influenced the decision of an authority undertaking an adjudicatory function undermines the transparency of the judicial process, the bench comprising Justices DY Chandrachud and Sanjiv Khanna...
Supreme Court Dismisses PIL Seeking Quashing Of FIRs Over Use Of Firecrackers During Diwali
The Supreme Court today dismissed a Public Interest Litigation which sought to quash the FIRs filed over the use of firecrackers during Diwali. The bench of Justices MR Shah and BV Nagarathna while dismissing the writ petition observed that, "No such relief quashing FIR's can be granted in exercise of powers under Article 32 of the Constitution." Remarking that the aggrieved accused...
Magistrate Shall Not Entertain Application U/s 156(3) CrPC If It Is Not Supported By Complainant's Affidavit: Supreme Court
The Supreme Court observed that a Magistrate cannot entertain an application under Section 156 (3) of the Code of Criminal Procedure, when the complaint was not supported by an affidavit.With such a requirement, the persons would be deterred from causally invoking authority of the Magistrate, under Section 156 (3) of the Cr.P.C. In as much as if the affidavit is found to be false, the...
Hijab Not Essential Practice Of Islam, Karnataka AG Says; What Was Necessity Of Saying This In GO, Asks High Court?
A Full Bench of the Karnataka High Court today heard Advocate General Prabhuling Navadgi on behalf of the State, in the petitions filed by Muslim girl students, who have challenged the action of a government college in denying their entry for wearing a hijab (headscarf).Navadgi told the Bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi that he...