Top Three News
Supreme Court Remands Appeal In 1964 Suit To High Court For Fresh Decision After 16 Years
The Supreme Court recently remanded to the Allahabad High Court an appeal arising out a suit filed in 1964 in a property dispute. The second appeal in the suit was filed before the High Court in 1975. The High Court decided the second appeal in 2006, after 31 years.The appeal against the High Court judgment was filed before the Supreme Court in 2006. After 16 years, the Supreme Court has...
'Modi-Thief' Remark: Jharkhand High Court Dismisses Rahul Gandhi's Plea To Quash Defamation Case Against Himself
The Jharkhand High Court has dismissed the plea moved by Congress leader Rahul Gandhi seeking to quash the defamation case filed against him for his alleged statement, "why all thieves share the Modi surname".The Bench of Justice Sanjay Kumar Dwivedi, in its order, observed that the 'right of reputation', as per the judicial interpretation is the dimension of the right of life and also...
NCLT Has Discretion To Not Admit Financial Creditor's CIRP Application Even If Corporate Debtor Is In Default : Supreme Court
The Supreme Court observed that it is not mandatory for the Adjudicating Authority to admit an application to initiate Corporate Insolvency Resolution Process even if a debt existed and the Corporate debtor is in default.However, such discretionary power cannot be exercised arbitrarily or capriciously, the bench comprising Justices Indira Banerjee and JK Maheshwari cautioned.The court...
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...
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...








