Relief Of Specific Performance Can Be Denied If Suit Was Not Immediately Filed After Breach; Rise In Real Estate Prices Also A Relevant Factor : Supreme Court

The Supreme Court observed that continuous readiness and willingness on the part of the Plaintiff is a condition precedent for grant of the relief of Specific Performance.The court added that there is a distinction between readiness and willingness to perform the contract and both ingredients are necessary for the relief of Specific Performance.While readiness means the capacity of the...

Courts Today - A Daily Round-Up Of Important Legal Developments-12.07.2022

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Supreme Court Extends Mohammed Zubair's Interim Bail in UP FIR [VIDEO]

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Separate Bail Application Not To Be Insisted When Accused Is Before Magistrate Under Sections 88,170, 204, 209 CrPC: Supreme Court

The Supreme Court observed that a separate bail application need not be insisted while considering the application under Section 88, 170, 204 and 209 of the Code of Criminal Procedure."There need not be any insistence of a bail application while considering the application under Section 88, 170, 204 and 209 of the Code", a bench comprising Justices SK Kaul and MM Sundresh ordered.Section 88...

Accused Entitled To Bail If Arrest Was In Breach Of Sections 41, 41A CrPC : Supreme Court

The Supreme Court observed that any non-compliance of Section 41 and 41A of Criminal Procedure Code at the time of arrest would entitle the accused for grant of bail.The bench comprising Justices Sanjay Kishan Kaul and MM Sundresh observed that Section 41 and 41A are facets of Article 21 of the Constitution of India."The investigating agencies and their officers are duty-bound to comply with...

Karnataka HC Judge Records In Written Order The Threat Of Transfer Received From Sitting Judge For Passing Orders Against ACB Chief

Justice H P Sandesh of the Karnataka High Court, who made a sensational revelation last week that he had received an indirect threat of transfer for passing orders against the head of Anti Corruption Bureau(ACB) Seemanth Kumar Singh ADGP, recorded the threat in a written order on Monday.The judge recorded in his order that he was given an indirect threat of transfer by a sitting judge during...

Supreme Court Recommends Union Govt To Introduce Separate Act To Streamline Grant Of Bail; Sets Timeline For Disposal Of Bail Pleas

The Supreme Court on Monday recommended the Union Government to introduce a special enactment in the nature of a "Bail Act" to streamline the grant of bail."The Union of India may consider the introduction of a separate enactment in nature of a bail act, so as to streamline the grant of bails", a bench comprising Justices Sanjay Kishan Kaul and MM Sundresh observed in the judgment in the...

Testimonials From Livelaw Academy's Legal Mentorship Program With Adv. Avani Bansal

The Legal Mentorship Program was a 12-week Immersive & Intensive Online Bootcamp for Law Students and Fresh Law Graduates that was conducted by the LiveLaw Academy with Adv. Avani Bansal from 19th February to 7th May 2022. The program saw massive participation from students across the country. Here's what our students had to say about their experience with Livelaw Academy. We have now launched our latest course on the Constitution of India with Adv. Avani Bansal. Registrations are...

Person Belonging To Another Religion Can't Be Prevented From Entering Temple If He Has Faith In That Hindu Deity : Madras High Court

"It is common knowledge that the devotional songs of Dr.K.J.Yesudas, a Christian by birth, rendered on various Hindu Gods are played without any demur in temples"

Subsequent Refusal To Marry After Sex Not Sufficient To Constitute Offence Of Rape: Kerala High Court

While granting bail to a Central Government Counsel in a sexual assault case, the Kerala High Court held that a subsequent refusal to marry or a failure to lead the relationship into a marriage is not sufficient to constitute the offence of rape even if the partners had indulged in a physical relationship.Justice Bechu Kurian Thomas observed that a sexual relationship between two willing...

Electricity Cannot Be Denied To Tenant Merely Because Landlord Refused To Issue No Objection Certificate: Supreme Court

The Supreme Court observed that electricity is a basic amenity of which a person cannot be deprived. "Electricity cannot be declined to a tenant on the ground of failure/refusal of the landlord to issue no objection certificate. All that the electricity supply authority is required to examine is whether the applicant for electricity connection is in occupation of the premises in question",...

'A Proficient Advocate Must Be Physically Fit' : Supreme Court Enhances Motor Accident Compensation For Lawyer Who Suffered Disabilities

Observing that physical fitness is necessary for a proficient advocate and physical disabilities hamper the smooth functioniong of a lawyer, the Supreme Court recently granted relief to an advocate who had suffered 100% permanent disability due to an accident.The Court partly allowed his appeal by enhancing the compensation awarded by the High Court from Rs 23,20,000/- to Rs...