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Tenant Who Hasn't Paid Rent Can't Seek Protection From Eviction : Kerala High Court Issues Guidelines
The Kerala High Court has held that a tenant, who has failed to pay rent, cannot seek protection from the Court against eviction proceedings.Calling it a "disquieting litigative trend", Single bench of Justice C. Jayachandran held that a Landlord is the paramount title holder of the tenanted premises and the tenant's right to occupy the same is wholly dependent on his obligation to pay...
Why Stepmotherly Treatment To Ayurvedic Doctors? Supreme Court Pulls Up Rajasthan Govt For Non-Release Of Salaries
The Supreme Court today (September 27) expressed displeasure over the 'stepmotherly treatment' meted out by the State of Rajasthan to Ayurvedic doctors by the delay of 5 months in releasing the salaries of those Doctors who were reinstated after the High Court's order. The bench of CJI DY Chandrachud and Justice Manoj Misra was hearing a petition filed by the State of Rajasthan against...
No Prohibition Against Quashing Criminal Proceedings Even After Charge Sheet Is Filed : Supreme Court
The Supreme Court reiterated that there is no prohibition against quashing criminal proceedings even after the charge sheet has been filed.The bench comprising Justices PS Narasimha and Pankaj Mithal held so while quashing the domestic cruelty case against the accused after noting that no new allegations were discovered against the accused even after filing the charge sheet as it remained...
Supreme Court Sets Aside HC's Condition That YouTuber Must Shut Down YouTube Channel For Bail
The Supreme Court on Friday (September 27) set aside the condition imposed by the Madras High Court that YouTuber Felix Jerald should shut down his YouTube channel “RedPix 24x7” for getting bail in the criminal case over alleged scandalous remarks in the interview of 'Savukku' Shankar uploaded on the channel.A bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala...
Restricting Constitution To Originalist Interpretation Is Unjust, It's a Living Document : CJI DY Chandrachud
It would be an injustice both to the drafters of the Constitution as well as to the Constitution itself to restrict it to an "originalist interpretation", said the Chief Justice of India DY Chandrachud, while explaining the dynamic nature of the document."In India, we describe the Constitution as a living instrument simply for the reason that while it is a document which enunciates eternal...
'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws
Observing that a criminal case cannot be allowed to proceed based on vague and obscure complaints, the Supreme Court quashed a criminal case under Section 498A of the Indian Penal Code case against the in-laws of a complaint-wife.It was a case where the wife had initiated the proceedings against the appellants under Sections 498A, 323, 504, and 506 read with Section 34 IPC against the...
Jet Airways Insolvency : Successful Resolution Applicant Has No Security Clearance To Operate Airlines, SBI Tells Supreme Court
The Supreme Court on Thursday (September 26) was told by the lenders of the crash strapped Jet Airways that the Successful Resolution Applicant had not yet obtained relevant security clearance for running the Airlines. Additional Solicitor General (ASG) N Venkataraman appearing for the SBI- the lead lender of Jet Airways- told the Court that the Successful Resolution Applicant (SRA) Jalan...
Clean Acquittal Of Accused After Long Undertrial Custody May Give Rise To Claim For Compensation : Supreme Court
A case of clean acquittal, where the accused had spent long years under custody as an undertrial, may give rise to a claim for compensation, observed the Supreme Court in the judgment granting bail to V Senthil Balaji in a money laundering case.The Court observed that some day, the Constitutional Courts will have to address this "peculiar situation". A clean case of acquittal do not include...
Supreme Court Seeks Explanation From Authorities On Demolition Of Ancient Gates Of Datia City In Madhya Pradesh
The Supreme Court on Wednesday (September 25) directed the Collector and the Chief Municipal Officer of Datia(Madhya Pradesh) to file affidavits addressing the allegations of illegal demolition of ancient gates of the outer fortification surrounding Rajgarh Palace in MP's Datia city.A bench of Justice BR Gavai, Justice Prashant Kumar Mishra, and Justice KV Viswanathan also directed them...
Rule Restricting Judicial Censure Of Police Officers Withdrawn, Delhi High Court Tells Supreme Court
The Supreme Court was informed yesterday (September 25) that the Delhi High Court has withdrawn its Rule under the “Rules for Practice in the Trial of Criminal Cases,” which stated that it is undesirable for courts to censure police officers unless strictly relevant to the case.“We have withdrawn the Rule”, Additional Solicitor General SV Raju told the Court. The Court has...
'Technological Impediment Can't Be A Reason To Harass Assessee' : Supreme Court Asks Income Tax Dept, CBDT To Resolve Software Issues
Technological impediment cannot be a reason to harass an assessee, said the Supreme Court while asking the Income Tax Department to upgrade its software to ensure that mistakes do not occur in the future.The Court directed that the Central Board for Direct Taxes should also take necessary steps for rectifying the software.A bench comprising Justices PS Narasimha and Sandeep Mehta was hearing...