Specific Performance Of Contract Can Be Refused If Suit Wasn't Filed Immediately After Breach Though Within Limitation Period : Supreme Court

Even though the limitation period for filing a suit for specific performance of a contract is three years, the Supreme Court held that every suit for specific performance of the contract filed within the period of limitation cannot be decreed. The court noted that the three-year limitation period for filing the suit for specific performance of the contract wouldn't grant liberty to a...

BREAKING| Supreme Court Refuses To Interfere With HC Order Stopping BJP's 'Derogatory' Ads Against TMC; Says Ads Are Prima Facie Disparaging

The Supreme Court on Monday (May 27) refused to entertain a plea filed by Bharatiya Janata Party (BJP) against Calcutta High Court orders restraining it from publishing certain advertisements in respect of All India Trinamool Congress (AITMC/TMC) during the Lok Sabha Elections, which were allegedly derogatory and violated the Model Code of Conduct.The Vacation Bench of Justices JK...

Arvind Kejriwal Moves Supreme Court Seeking Extension Of Interim Bail In Delhi Liquor Policy Case

In the latest development, Delhi Chief Minister Arvind Kejriwal has moved the Supreme Court seeking extension of interim bail granted to him in the Delhi Liquor Policy case on May 10.The Aam Aadmi Party chief, who was released from judicial custody as an interim measure for the purposes of campaigning during Lok Sabha elections, said that he has to undergo diagnostic...

NUJS Kolkata Students Write To CJI Requesting Suspension Of VC Due To Allegations Of Sexual Harassment By Professor

The Student Juridical Association (SJA) which is the student body of the West Bengal National University of Juridical Sciences (WBNUJS) has written to its Chancellor, the Chief Justice of India Dr DY Chandrachud seeking the suspension of the varsity's Vice-Chancellor (VC) over allegations of sexual harassment at the workplace levelled against him by a professor.Earlier LiveLaw had reported on...

'Man Made Disaster': Gujarat High Court Takes Suo Motu Cognizance Of The Tragic Fire Accident At TRP Gaming Zone In Rajkot

On Sunday, the Gujarat High Court took suo motu cognizance of the tragic fire at TRP Game Zone in Rajkot, which resulted in the deaths of at least 27 people.The hearing was conducted before a division bench comprising Justices Biren Vaishnav and Devan M. Desai. The bench observed, “Apart from having constructed such Game zones / recreational facilities, they have been put to use...

Know The Law| Can There Be A Blanket Stay On Money Decree?

In cases where a money decree is being challenged, a common question that often arises is whether a blanket stay, in its execution, can be granted without requiring the judgment debtors (against whose favour the Court has decreed the suit) to deposit a part of the money decree. One such case happened recently where though the Court had decreed the suit in favour of the plaintiff;...

Specific Performance Suit Can't Be Decreed Based On Power Of Attorney Holder's Deposition About Plaintiff's Readiness & Willingness: Supreme Court

The Supreme Court held that wherein the plaintiff is required to prove his readiness and willingness to perform the contract, then the suit for specific performance of the contract cannot be decreed based on the deposition made by the plaintiff's power of attorney about the plaintiff's readiness and willingness to perform a contract.“We are of the view that in view of Section 12 of the...

Supreme Court Quarterly Digest On Indian Evidence Act [Jan – Mar, 2024]

Appreciation of Evidence – The High Court fails to appreciate evidence in a thorough manner and merely relied on a limited set of facts to arrive at a finding. In an appeal, as much as in a trial, appreciation of evidence essentially requires a holistic view and not a myopic view. Appreciation of evidence requires sifting and weighing of material facts against each other and a conclusion...

Supreme Court Quarterly Digest -Indian Penal Code [Jan-Mar, 2024]

Indian Penal Code, 1860 - Supreme Court Quarterly Digest 2024Section 34 & 120B – Since the foundational facts essential for constituting the substantive offences under Sections 153A and 504 IPC are not available from the admitted allegations of prosecution, the allegations qua the subsidiary offences under Sections 34 and 120B IPC would also be non est. (Para 30) Shiv Prasad Semwal v....

Principles Relating To Dying Declaration : Supreme Court Explains

The Supreme Court held that corroboration of the dying declaring statement isn't required when it inspires the confidence of the court to convict the accused. “The law relating to dying declaration is now well settled. Once a dying declaration is found to be authentic inspiring confidence of the court, then the same can be relied upon and can be the sole basis for conviction without...

Explainer | What Every Voter Should Know - The Law On Hate Speech By Electoral Candidates

With every polling phase that has passed, the ongoing election season is witnessing increased anticipation - to know who will form the Government and decide the fate of the Country for the next five years. The influence of technology & social media has certainly overpowered the old days when election campaigns were attended physically. What however stays intact is the power of speech....

Supreme Court Issues Notice On Plea Seeking OBC Reservation For Settibalija Community In Telangana

The Supreme Court on May 17 issued notice in a writ petition filed by the Telangana Settibalija Sankshema Sangham (TSSS) against the State of Telangana challenging the denial of reservation and other OBC rights to the marginalized toddy-tapper Settibalija community ever since the reorganization of Andhra Pradesh in 2014.The petition, filed under Article 32 of the Constitution, stated that...