Section 69(2) Partnership Act Does Not Bar Suit Filed By An Unregistered Firm If Contract In Question Was Not In The Course Of Its Business Dealings: Supreme Court

The Supreme Court held that to attract the bar of Section 69(2) of the Partnership Act, 1932, the contract in question must be the one entered into by partnership firm with the third-party defendant and must also be the one entered into by the plaintiff firm in the course of its business dealings.The bench comprising Justices Dinesh Maheshwari and Vikram Nath observed that Section 69(2) is not...

Kerala High Court Temporarily Defers Centre's Ban On News Channel MediaOne

The Kerala High Court on Monday deferred the order issued to popular Malayalam news channel MediaOne by the Ministry of Information and Broadcasting revoking its license to broadcast till the next hearing date.Justice N. Nagaresh posted the matter to be considered on Wednesday and issued notice to Planetcast Media Services Ltd, the third respondent. (Planetcast Media Services is the...

'Investigation Not On Right Lines, Conversion Attempt Not Improbable' : Madras High Court Orders CBI Probe Into Thanjavur Girl's Suicide [Read Judgment]

Harshly criticising the investigation by the Tamil Nadu police into the suicide of Thanjavur girl student for ruling out the angle of alleged attempts of religious conversion to Christianity from her school, the Madras High Court on Monday ordered a probe by the Central Bureau of Investigation into the matter."...there is nothing inherently improbable in the allegation that there was an...

Senior Advocate & Additional Solicitor General RS Suri Passes Away

Senior Advocate and Additional Solicitor General Rupinder Singh Suri passed away. He has also served as the President of the Supreme Court Bar Association and the Supreme Court Advocates on Record Association.He is survived by his wife Gurvinder Suri and daughters Suruchi Suri and Simar Suri. His daughters are also advocates. Details of last rites are to be...

Registration Act Does Not Contemplate Inquiry Into Whether PoA Holder Who Executed Document Had Valid Power Of Attorney: Supreme Court

The Supreme Court observed that the production of the original power of attorney is not necessary, if the document is presented for registration by the power of attorney holder who executed the document on the strength of it."The inquiry contemplated under the Registration Act, cannot extend to question as to whether the person who executed the document in his capacity of the power of...

Section 52 Transfer Of Property Act Does Not Bar Temporary Injunction Against Alienation Of Property: Andhra Pradesh High Court

The Andhra Pradesh High Court recently ruled that Section 52 of Transfer of Property Act, 1882 does not operate as a bar to grant of temporary injunction under Order 39 Rules 1 and 2, of Civil Procedure Code. Justice Ravi Nath Tilhari and Justice C. Praveen Kumar in common judgment observed that: "Section 52 of T.P. Act although provides protection to the parties from...

Know the Constitution[ Part III]: Union and Its Territory - Articles 1 To 4

Article 1-4: Union and its TerritorySpeaking at an event recently, Justice Gautam Patel of the Bombay High Court had noted that the "Constitutional Idea of India" lay not in the chapters on Fundamental Rights or Duties but rather in Article 1 of the Constitution."Everything in the Constitution flows from this Article. This has to be THE Idea of India for without which India cannot exist. What...

"Conduct Against Essence Of Womanhood, Designed To Disturb Communal Harmony": Delhi Court Denies Bail To Neeraj Bishnoi In Bulli Bai App Case

A Delhi Court this week denied bail to Neeraj Bishnoi, a 21 year old arrested from Assam in connection with Bulli Bai App case observing that his sardonic conduct of targeting women journalists of a particular community on a social platform is not only against the essence of womanhood but also an act designed to disturb the communal harmony. Additional Sessions Judge Dharmender Rana denied...

Decree-Holder Faces Same Problem In Execution As In 19th Century;Difficulties Of Litigant Begin After Obtaining Decree : Supreme Court

In a recent judgment, the Supreme Court had occasion to comment about the problems faced by litigants in execution of a decree.A bench comprising Justice Ajay Rastogi and AS Oka was dealing with a case in which the issue was whether the Delhi High Court, in its original civil jurisdiction, was competent to execute a foreign decree under Section 44A of the Civil Procedure Code.At the start of...

Prosecution Has Right To Ask Accused To Surrender Mobile Phone; No Violation Of Article 20(3) : Kerala High Court

The Kerala High Court on Saturday held that the prosecution has every right to seek that the accused should surrender mobile phones for forensic examination under Section 79A of the Information Technology Act. The Court rejected the argument that the surrender of mobile phones will infringe the fundamental right against self-incrimination under Article 20(3) of the Constitution of India....

Prior Sanction Required For Referring A Complaint Against Public Servants For Investigation U/S 156(3) CrPC: Calcutta High Court

In a significant development, the Calcutta High Court on Thursday observed that a prior sanction for prosecuting public servants is required before setting in motion even the investigative process under Section 156(3) of the Code of Criminal Procedure, 1973 (CrPC). The Court was adjudicating upon an appeal moved by former IPS officer Nazrul Islam seeking initiation of criminal proceedings...

Reservation in Promotions: Supreme Court Holds Cadre As Unit For Collecting Quantifiable Data On Adequacy Of Representation; Collection Of Data On Entire Service Meaningless [Updated With Judgment]

The Supreme Court on Friday delivered the judgment in the issue relating to reservation in promotions for Scheduled Castes and Scheduled Tribes. Centre and States had urged the Supreme Court to settle the confusion regarding the norms for reservation in promotions saying that several appointments have been stalled due to ambiguities.A Bench of Justices L Nageswara Rao, Sanjiv Khanna and...