No Frustration Of Contract Due To Mere Commercial Hardships Caused By Pandemic: Kerala High Court

The Kerala High Court has recently ruled that the occurrence of a commercial difficulty or hardship to perform a contract is not an excuse to back out from contractual obligations which the parties had agreed to in the first place. A Division Bench of Justice Anil K. Narendran and Justice P.G. Ajithkumar while dismissing a petition, observed that merely because the pandemic has made...

Leave It To Trial Courts To Decide How Marital Rape Is Proved : Colin Gonsalves To Delhi High Court

The Delhi High Court on Friday continued hearing a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape.Senior Advocate Colin Gonsalves, representing one of the petitioners, argued before a bench of Justice Rajiv Shakdher and Justice C Hari Shankar that it...

BREAKING| Madrassas Run On State-Funds Can't Impart Religious Instructions: Gauhati High Court Upholds Assam Law

"The Madrasas in question, which are "wholly maintained out of State funds", cannot impart religious instructions in terms of the mandate of Article 28(1) of the Constitution of India", the Court observed.

Entire Service Record To Be Considered For Order Of Premature Retirement, Though Recent ACRs Carry Weight : Supreme Court

The Supreme Court has held that an order of premature retirement is required to be passed on the basis of entire service records.The recent reports would carry their own weight, the bench comprising Justices Hemant Gupta and V. Ramasubramanian added. The court also noted that such an order of compulsory retirement is not liable to be quashed by the Court merely for the reason that...

Supreme Court Single Judge Refers To Larger Bench Plea To Annul Marriage On Mutual Consent Invoking Article 142

The issue whether a single judge of the Supreme Court can exercise powers under Article 142 of the Constitution to pass a decree of divorce on the basis of mutual consent has been referred to a larger bench.On February 1, a single bench of Justice Krishna Murari noted that the issue has been referred to a larger bench. "The issue as to whether a Judge sitting singly can pass an order...

Karnataka High Court To Hear Muslim Student's Plea Against Hijab Ban In Govt College On Feb 8

The Karnataka High Court will hear on February 8 the writ petition filed by a Muslim girl student challenging the action of a government college in denying her entry for wearing a hijab.When the matter came on Thursday before a bench of Justice Krishna S Dixit, the counsel for the state submitted that the Advocate General will be appearing in the matter. Accordingly, the petition was adjourned...

Breaking | Punjab & Haryana High Court Stays Haryana Law Granting 75% Job Quota For Locals In Pvt Sector

The Punjab and Haryana High Court today granted an interim stay on the Haryana government's law providing for 75% reservation for state domicile in the private sector. The stay on the law came from the Bench of Justice Ajay Tewari and Justice Pankaj Jain on a Writ petition challenging the vires of the Haryana State Employment of Local Candidates Act 2020.After hearing Mr Tushar Mehta,...

Intent Of Army Act Is Not To Protect Army Personnel By Awarding Them Lesser Punishment Even For Serious Offences: Supreme Court

The Supreme Court observed that the intent of the Army Act is not to protect army personnel by awarding them lesser punishment even for serious offences"If that was the intent of the legislature- that is to protect persons subject to the Army Act by awarding them lesser punishment even for serious offences - then the Act would not have provided for concurrent jurisdiction of court-martial...

Limited Estate Given To Hindu Wife By Way Of Will Can Become Absolute Under Sec14(1) Hindu Succession Act Only If Property Was Given For Her Maintenance: Supreme Court

The Supreme Court has held that Section 14(1) of the Hindu Succession Act does not bar the bequeathing of a limited estate to a female by way of a Will; but if the limited estate is given to the wife for her maintenance, then it would mature into an absolute estate under Section 14(1) of the Act. "The objective of Section 14(1) of Hindu Succession Act, 1956 cannot be that a Hindu male who...

'Should Be Like Telling A Story To Us' : Supreme Court Guides Young Lawyer How To Argue Criminal Appeal; Grants Acquittal

"Always remember the facts like a fiction-writer. It should be like you are telling a story to us, the narrative should be also like that", Court advised the young lawyer.

Amazon-Future Dispute: Supreme Court Sets Aside Delhi High Court's Direction For Coercive Steps Against Future Group [Updated With Judgment]

In a major relief to Future group companies, the Supreme Court on Monday set aside the orders of the Delhi High Court which initiated coercive steps against the companies and its promoters Biyanis for alleged violation of the Emergency Award passed by the Singapore Tribunal on the application filed by e-commerce giant Amazon.The Supreme Court has set aside the orders dated 02.02.2021...

100 Important Supreme Court Judgments Of 2021 - PART-1 [Video]

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