Specific Performance- Illegal Agreement To Sell Can't Be Enforced In Favour Of Plaintiff: SC [Read Judgment]

The Supreme Court has observed that an agreement contrary to law cannot be enforced by the court in favour of plaintiff in a suit for specific performance, even if the defendant, who was also party to such illegality stands benefitted by it.The issue in the suit for specific performance was whether the agreement to sell dated 15.05.1990 executed by Bale Venkataramanappa in favour of...

Female Descendant Cannot Be Mutawalli If Wakif Intended To Exclude Them: SC [Read Judgment]

"The succession of the office of mutawalli should be in accordance with the intention of the wakif who created the wakf, and the same cannot be subverted through any other document contrary to the intention of the wakif. "

A Plaintiff Can Claim Title To The Property Based On Adverse Possession, Reiterates SC [Read Judgment]

"The plea of adverse possession can be used both as an offence and as a defence i.e. both as sword and as a shield.."

[Ayodhya Hearing] [Day 32]: ASI Report Contradictory, Not Conclusive, Submits Senior Adv Meenakshi Arora For Sunni Board

The 32nd day of the Ayodhya land dispute hearing began with CJI Ranjan Gogoi stressing on the paucity of time, and urged the counsels from all sides to ensure they conclude their arguments by October 18. Reiterating that not one day beyond the deadline would be given, the CJI stated that even if the deadline was met, it "will be miraculous if the judgment can be delivered within 4 weeks"...

Concession In Law Made By Lawyer Not Binding On Client: SC [Read Judgment]

"There cannot be any estoppel against law. "

Karnataka MLAs Disqualification Case : Election Commission Agrees Before SC To Defer Upcoming By-Polls

The Election Commission of India on Thursday told the Supreme Court that it would defer the by-polls to the 15 constituencies in Karnataka.The submission was made by Senior Advocate Rakesh Dwivedi before the bench comprising Justices N V Ramana, Sanjiv Khanna and Krishnan Murari, which is hearing the petition challenging the former Karnataka Speaker Ramesh Kumar's decision to disqualify 15...

Fundamental Right Of Minorities To Administer Educational Institutions Cannot Be Waived: SC [Read Judgment]

The Supreme Court has reiterated that the fundamental right of Minorities under Article 30 of the Constitution of India to administer educational institutions cannot be waived.The issue in this case [Chandana Das (Malakar) v. State of West Bengal] was whether Khalsa Girls High School is a minority institution, if so, whether the Institution's right to select and appoint teachers is in any...

Date Of Default Alone Is Relevant For Triggering Limitation For Winding Up Petition: SC Dismisses IL&FS Petition Against La-Fin [Read Judgment]

"Though it is clear that a winding up proceeding is a proceeding 'in rem' and not a recovery proceeding, the trigger of limitation, so far as the winding up petition is concerned, would be the date of default".

Govt Flags Income Criteria In Collegium Recommendation To Make Advocates As HC Judges

The government is learnt to have flagged recommendations of the Supreme Court collegium to appoint some advocates as additional judges in the Allahabad High Court, saying their annual professional income is below the laid-down criteria. A candidate from the Bar who is recommended for appointment as a judge of the high court should have an average annual income of Rs 7 lakh in the...

Section 125 CrPC- Maintenance Order Not To Be Stayed Unless For Very Special Reasons: SC [Read Order]

"A husband/father is duty bound to maintain his wife and child. Unless there are very special reasons, the higher Court should not normally stay such an order. "

Advocates' Strikes Illegal, Amounts To Misconduct, Contempt of Court: Uttarakhand HC [Read Judgment]

"Resort to strikes is unprofessional and unbecoming of an Advocate who, having accepted a brief, cannot refuse to attend Court pursuant to a call for strike or boycott."

Maradu Flats : SC Dismisses Plea Which Expressed Concerns Of Collateral Damage To Neighborhood By Demolition [Read Order]

The Supreme Court has dismissed the writ petition filed by a resident in the neighbourhood of Maradu flats in Kochi, which had expressed concerns of 'collateral damage' to the area that might be caused if the demolition is carried out without proper planning and assessment. The bench of Justices Arun Mishra and Ravindra Bhat summarily dismissed the petition on September 23 observing :"At...