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Power Of Attorney Holder, Who Was Vendee & Witnessed Execution, Can Give Evidence On Agreement To Sell : Supreme Court
The Supreme Court observed that when multiple plaintiffs are involved in an agreement to sell, a power of attorney holder (who is also a vendee and a plaintiff) may testify on behalf of another plaintiff on matters requiring his personal knowledge. The bench comprising Justice Vikram Nath and Justice Prashant Kumar Mishra reasoned that since the power of attorney, who is also a...
Demolition Of House For Crime Of One Person Amounts To 'Collective Punishment' On Entire Family Which Is Impermissible : Supreme Court
While issuing a set of directions to curb "bulldozer actions", the Supreme Court has observed that demolishing the houses of persons on the ground of their alleged involvement in crimes would amount to inflicting a "collective punishment" on the family, which is impermissible under the Constitutional scheme.A bench comprising Justices BR Gavai and KV Viswanathan observed in the judgment...
Supreme Court Seeks Union, Delhi Authorities' Response On PIL Seeking Urgent Implementation Of Land Pooling And Green Development Area Policies
The Supreme Court recently issued notice to the Union of India and Delhi authorities on a public interest litigation seeking implementation of Land Pooling and Green Development Area policy in the national capital.A bench of Justices Surya Kant and Ujjal Bhuyan passed the order, seeking a response from the Lieutenant Governor of Delhi, Delhi government, DDA and others.Senior Advocate...
Demolition Presumed To Be Punitive When Property Is Selectively Chosen Suddenly After Occupant Is Accused Of Crime : Supreme Court
In its judgment on bulldozer actions, the Supreme Court has significantly observed that if a particular structure is chosen suddenly for demolition, while other similarly situated structures in the same vicinity are not even touched, State malafide may loom large. Where it is established that selection of a property (for demolition) was arbitrary, and soon before initiation of action, an...
'Stand On Your Own Legs' : Supreme Court Asks NCP(Ajit Pawar) To Not Use Photos & Videos Of Sharad Pawar For Maharashtra Elections
While hearing the dispute related to the Nationalist Congress Party (NCP), the Supreme Court on Wednesday (November 13) orally asked Ajit Pawar group to not use the photos and videos of Sharad Pawar in their campaign materials for the Maharashtra assembly elections.The Court told NCP (Ajit Pawar) that they have to fight the elections based on their separate identity. The Court asked Ajit Pawar...
Executive Can't Become Judge, Pronounce Guilt Of Persons & Punish Them By Demolishing Their Properties : Supreme Court
Pronouncing judgment in the 'bulldozer matter', the Supreme Court today stated in unequivocal terms that the executive demolishing house of an accused without following due process of law would constitute an 'abuse of power'. If it takes such arbitrary action, the executive would be guilty of giving a go-by to principles of law and acting in a high-handed manner, which would have to be dealt...
Defer Demolitions By 15 Days, Personal Liability Of Officials For Violations: Read Supreme Court's Directions Against 'Bulldozer' Actions
The Supreme Court has invoked its extraordinary powers under Article 142 of the Constitution to issue a slew of guidelines against "bulldozer actions" carried out by State authorities as a punitive action against persons accused/convicted in crimes."In order to allay the fears in the minds of the citizens with regard to arbitrary exercise of power by the officers/officials of the State, we...
Supreme Court Weekly Round-up: November 4, 2024 To November 10, 2024
Nominal IndexCitationsManish Kumar Rai v. Union of India & Ors. 2024 LiveLaw (SC) 849Pintu Madanmohan Mondal v. State of West Bengal & Ors. 2024 LiveLaw (SC) 850Union of India v. Ganpati Dealcom Pvt Ltd | R.P.(C) No. 359/2023 2024 LiveLaw (SC) 851International Seaport Dredging Pvt Ltd v. Kamarajar Port Limited, Civil Appeal No 12097 of 2024 2024 LiveLaw (SC) 852Anoop M. and others...
Not Every Plaintiff Must Prove Sale Agreement's Execution If Another Plaintiff Having Firsthand Knowledge Proves Execution : Supreme Court
The Supreme Court observed that not every plaintiff must prove the execution of a sale agreement if another plaintiff with knowledge of the transaction proves the execution. The bench comprising Justice Vikram Nath and Justice Prashant Kumar Mishra stated that a plaintiff's absence should not be viewed adversely, as testimony from another plaintiff present can substantively support the claims...
Unfortunate That Many Lady Judicial Officers Have No Private Washrooms : Supreme Court
The Supreme Court yesterday (November 12) heard the petition seeking sanitised toilets for men, women, specially-abled persons and transgender persons in Court premises and tribunals across the country.A bench of Justices J.B. Pardiwala and Pankaj Mithal while hearing a Public Interest Litigation asked if there is any data on whether lady judicial officers have private washrooms in High...
Supreme Court Stays Proceedings In Mohd Azharuddin's Plea Challenging BRS MLA Maganti Gopinath's Election To Telangana Assembly
The Supreme Court recently stayed further proceedings in an election petition filed by Congress' Mohammed Azharuddin (ex-Indian cricket captain) challenging the election of BRS leader Maganti Gopinath from Jubilee Hills constituency in 2023 Telangana Assembly elections.A bench of Justices Surya Kant and Ujjal Bhuyan passed the order, while issuing notice on Gopinath's plea challenging...