Order XXI Rule 34 CPC Cannot Be Diluted; Execution Court Has Duty To Invite Objections From Judgment Debtor To Draft Document/Deed : Supreme Court

The Supreme Court observed that the provisions of Order XXI Rule 34 of the Code of Civil Procedure cannot be diluted and it has to invite objections from the judgment debtor to the draft deed/document submitted by the decree holder."The departure from the provisions can have highly deleterious consequences not merely qua the parties in question but also persons who come to deal with those...

SARFAESI - Borrower Can't Seek Discharge By Only Paying Highest Bid Amount Or Reserve Price If Bank Dues Are More : Supreme Court

"Even by paying the highest bid amount the borrower cannot be discharged of its liability of the outstanding due to be paid to the bank"

The Everyday Battles Of Women In Legal Field

Recently, the Supreme Court directed the Madhya Pradesh High Court to reinstate a woman judge, who was constrained to resign after she raised sexual harassment allegations against a then sitting judge of the Madhya Pradesh High Court. Considering the facts and circumstances, the Court was of the opinion that her resignation from the post of Additional District and Sessions Judge cannot be "construed as voluntary".Before the Supreme Court, the petitioner primarily challenged her transfer from...

Power To Condone Delay Under Section 5 Of Limitation Act Does Not Apply To Suits : Supreme Court

The Supreme Court has observed that the power to condone delay under Section 5 of the Limitation Act does not apply to suits.The Court also noted that Limitation Act is applicable in the State of Mizoram with effect from 21.01.1972.Th limitation may harshly affect a particular party, but it has to be applied with all its rigour when the statute so prescribes, the bench comprising Justices...

Ukraine v. Russia : International Court Of Justice Concludes Hearing Ukraine's Application; Russia Refuses To Appear [LIVE UPDATES]

The International Court of Justice at Hague is hearing the application by Ukraine against Russia in the case concerning Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide.In its Application, Ukraine contends, inter alia, that :"...the Russian Federation has falsely claimed that acts of genocide have occurred in the Luhansk and Donetsk oblasts...

Justice Akil Kureshi's Non-Elevation : A Worrying Signal Of Executive Influence Over Collegium

Justice Kureshi's non-elevation is a disconcerting example of the executive influence over judicial appointments, poor reflection on the collegium system and a sad loss to the Supreme Court.

'I Consider It A Certificate Of Independence' : Justice Akil Kureshi On Centre's "Negative Perception" About His Judicial Orders

Justice Akil Kureshi, the outgoing Chief Justice of the Rajasthan High Court, made certain significant statements in his farewell speech on Saturday. Justice Kureshi's non-elevation to the Supreme Court, despite being the senior most Chief Justice in the country, has become a point of discussion among the legal fraternity, amid the widespread perception that the Central Government is not in...

Suit For Title Declaration Based On Adverse Possession Having Matured Into Ownership Is Maintainable : Supreme Court

The Supreme Court reiterated that a suit for declaration based on adverse possession having matured into ownership is maintainable.In this case, the plaintiff filed a suit for declaration of title pleading that the adverse possession on the suit property granted him certain rights. The Trial court allowed the application filed by defendant under Order VII Rule 11, Code of Civil Procedure...

Supreme Court Stays Delhi High Court Order Laying Down Guidelines To Feed Street Dogs

The Supreme Court on Friday stayed the operation of an order of the Delhi High Court which issued a set of guidelines for feeding street dogs after holding that citizens have a right to feed street dogs.A division bench comprising Justices Vineet Saran and Aniruddha Bose stayed the High Court's order on a petition filed by an NGO 'Humane Foundation for People and Animals' challenging it.The...

'Go Prepare For Exams' : Supreme Court Dismisses Law Student's Plea To Cancel 3 Year LLB Exams Of KSLU

The Supreme Court on Friday refused to interfere with Karnataka High Court's order that allowed Karnataka State Law University to hold exams for a 3 year LLB course."Dismissed. No indulgence. They are law students & want to become lawyers, future judges and in this manner?," the bench of Justices AM Khanwilkar and CT Ravikumar said.The Karnataka High Court bench of Justice S G Pandit...

Homage To Sir With Love

"As your father is in real life, your Senior is in your professional life." We juniors of Advocate K. Bhaskaran Nair (we are and call ourselves the KBN family) found this axiom in actual operation in our Senior's chambers. Sir upheld and maintained that legacy of the Calicut bar in the sublime relationship between seniors and juniors. I met my Senior first at the Chinmaya Gita classes. Sir was an active founder member of the Calicut Chinmaya mission where some of us, as young college...

'We Have Found Students Go To Ukraine As Medical Course Fee Is Less' : Supreme Court Reduces Cost Imposed On Father

Taking a sympathetic view of the Indian students who go to Ukraine for medical admission due to lesser fees when compared to Indian private colleges, the Supreme Court on Thursday reduced the cost imposed on the father of a student admitted in a medical course in an Ukrainian University for furnishing false information to the concerned authorities for the purpose of issuance of...