'Action Should Be Against 'Urban Encroachers' Of Forest Lands And Not Tribals', Observes SC

The Supreme Court on Thursday observed that tribals who are genuine forest dwellers should be protected and eviction should be ordered only against 'urban encroachers' of forest land.The bench of Justices Arun Mishra, M R Shah and B R Gavai made these oral observations while hearing a batch of petitions challenging the Forest Rights Act (FRA).The Court also allowed intervention applications...

Transfer Of Judges For Cogent Reasons; Will Disclose Reasons If Found Necessary: SC Reacts To Controversy [Read Statement]

"Though it would not be in the interest of the institution to disclose the reasons for transfer, if found necessary, the Collegium will have no hesitation in disclosing the same."

'Ad-Hoc' Judges In Gujarat: SC Issues Notice On Plea Seeking Reckoning Of Seniority From Initial Date Of Appointment

A division bench of Justices Indira Banerjee and A. S. Bopanna has issued notice on a special leave petition, seeking reckoning of seniority of 'Ad-hoc' judges in Gujarat from the initial date of their appointment.The judicial officers in Gujarat had earlier filed a writ before the Gujarat High Court for regularization and seniority of judges but the list of candidates for...

CBI Court Reserves Orders On Chidambaram's Plea To Surrender Before ED In INX Media Case

The Court of Special Judge, CBI, Rouse Avenue, Delhi on Thursday reserved orders on former Union Finance Minister P Chidambaram's plea for surrendering before Enforcement Directorate in the INX Media case.The orders will be pronounced tomorrow at 2 PM.Chidambaram, who is now lodged in Tihar jail after the CBI Court remanded him to judicial custody on September 5, had filed application...

Protection From SARFAESI Act Not Available To 'Tenant-In-Sufferance' : SC Clarifies Interplay Between SARFAESI And Tenancy Laws [Read Judgment]

"If any of the tenants claim that he is entitled to possession of a secured asset for a term of more than a year, it has to be supported by the execution of a registered instrument", Court held.

Habeas Petition Seeking Release Of Shah Faesal Withdrawn From Delhi HC

The habeas corpus petition filed in Delhi High Court challenging the detention of civil servant turned politician Shah Faesal was withdrawn on Thursday.This was after Faesal's wife informed the court that she had met her husband and was under instructions to withdraw the writ. While permitting the withdrawal of the petition, the bench of Justices Manmohan and Sangita Dhingra Sehgal...

Chidambaram's Bail Plea : Delhi High Court Asks CBI To File Status Report In INX Media Case

The Delhi High Court on Thursday asked the CBI to file a status report in 7 days replying to the application moved by P Chidambaram for regular bail in INX Media case. Senior Advocate Kapil Sibal, counsel for P Chidambaram, submitted that the impugned events in the case pertained to 2007-2008, the FIR was lodged in 2017, and the accused was interrogated only once before his arrest....

National Conference Leader Moves SC For Restoration Of Internet And Landline Services In J&K Hospitals

A Public Interest Litigation (PIL) has been filed in the Supreme Court of India seeking restoration of internet and landline services across hospitals and medical establishments throughout Jammu and Kashmir. The writ petition, filed by the Spokesperson of the National Conference, Dr. Sameer Kaul, highlights the adverse effects of the prolonged shutdown of internet services on health and...

Non Payment Of Debt After Issuance Of Recovery Certificate Not A 'Continuing Wrong' : SC [Read Order]

The Supreme Court has held that non-payment of debt after the issuance of recovery certificate cannot be regarded as a continuing wrong so as to give rise to a continuing cause of action under the Limitation Act.The bench of Justices R F Nariman and Surya Kant held so while allowing an appeal against an order of NCLAT which allowed the admission of an insolvency petition with respect to...

Relief Of Specific Performance Can Be Refused For Non Performance Of An Essential Promise In Contract: SC [Read Judgment]

"A party cannot claim that though he may not perform his part of the contract he is entitled to specific performance of the same."

"Do Not Do This Nonsense, Justice Can't Be Purchased And Delayed, Says "Furious" SC

"Justice cannot be purchased like this", a "furious" Supreme Court said on Wednesday while coming down heavily on VVIP chopper scam accused Gautam Khaitan in a case related to the black money law. The apex court, dealing with the issue as to whether the 2016 black money law could be allowed to operate with retrospective effect from July 2015 to book and probe offenders, took umbrage...

Contract Act-'Undue Influence' Can't Be Inferred Merely Because Family Member Was Taking Care Of Elderly Person: SC [Read Judgment]

"If certain members of the family are looking after the elderly and others by choice or by compulsion of vocation are unable to do so, there is bound to be more affinity between the elder members of the family with those who are looking after them day to day."