S.176 Contract Act | Court Should Not Be Used To Prevent Lender From Exercising His Rightful Legal Claim Against Borrower: Calcutta HC

The Calcutta High Court has recently underscored that the Court should not be used to prevent a loan giver from exercising his rightful legal claim against the borrower. Justice Shekhar B. Saraf was adjudicating upon an interlocutory application seeking injunction against the respondent bank from giving any effect to letters dated 23rd February, 2022 vide which the bank had invoked the pledge...

"File Better Affidavit" : Supreme Court Expresses Dissatisfaction At Delhi Police Stand That No Hate Speeches Were Made At Hindu Yuva Vahini Event

The Supreme Court on Friday expressed its dissatisfaction at the affidavit filed by Delhi Police which stated that the speeches made by Sudarshan News TV Editor Suresh Chavhanke at the Hindu Yuva Vahini meet held in Delhi in December 2021 didn't amount to hate speech against any particular community."The affidavit has been filed by Dy Commissioner of Police. We hope he has understood the...

"Lawyer Shall Not Bear The Sins Of The Client": Madras HC Quashes Criminal Case Against Advocate Over Fabricated Documents Submitted By Sureties

The Madras High Court has quashed the charge sheet on the file of Judicial Magistrate, Theni and the order of de-nova trial for altered charges against a lawyer who was accused of forging documents of surety. The Madurai Bench of Justice G.R Swaminathan observed that the lawyer was merely discharging his professional service in connection with the furnishing of sureties. He had...

BCI May Allow Persons With Other Jobs To Provisionally Enrol As Advocates On Undertaking To Resign From Job Within 6 Months After Clearing AIBE : Supreme Court

The Supreme Court, on Thursday, accepted the suggestion made by Amicus Curiae Senior Advocate KV Vishwanathan that persons engaged in other employments can be permitted to provisionally enrol with the concerned Bar Council and to appear in the All India Bar Examination (AIBE), and that upon clearing the AIBE, they can be given a period of 6 months to decide whether to join legal profession...

"You Require Bulldozers To Remove Stalls & Chairs?": Supreme Court Asks NDMC On Jahangirpuri Demolitions

"To remove stalls, chairs, bench, boxes, you require a bulldozer?", the Supreme Court on Thursday asked the North Delhi Municipal Corporation in relation to the anti-encroachment drive carried by it in Jahangirpuri, New Delhi.A bench comprising Justices L Nageswara Rao and BR Gavai posed the question after Solicitor General Tushar Mehta, appearing for NDMC, submitted that as per the provisions...

"You Don't Want To Touch Unauthorized Constructions In Sainik Farms Or Golf Links, But Target The Poor In Jahangirpuri" : Dushyant Dave

Senior Advocate Dushyant Dave on Thursday argued in the Supreme Court that the anti-encroachment drive in Jahangirpuri was hypocritical as only the properties of the poor are targeted and no action is taken against unauthorized constructions of the rich and the elite."If you want to act against unauthorized constructions, you go to Sainik Farms. Go to Golf Links where every second home is...

"Will Take Serious View Of Demolitions After Mayor Was Informed Of Order" : Supreme Court Extends Status Quo Order On Jahangirpuri Demolitions

The Supreme Court on Thursday extended until further orders the status quo order against the demolition drive launched by the North Delhi Municipal Corporation(NDMC) in the riot-hit Jahangirpuri area.A bench comprising Justices L Nageswara Rao and BR Gavai issued notice to the NDMC in the petition filed by the Jamiat Ulama-i-Hind and sought its counter-affidavit within 2 weeks."We'll take...

Prisoners' Biometrics: Delhi HC Issues Notice On Plea Challenging Criminal Procedure (Identification) Act, Centre Objects On Maintainability

The Delhi High Court has issued notice on a PIL challenging vires of the Criminal Procedure (Identification) Act, 2022, which allows the collection of biometrics of prisoners. The Act received Presidential assent on Tuesday."It requires consideration," a division bench comprising of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla said.Advocate Amit Mahajan had objected to...

BREAKING| Supreme Court Orders Status Quo On Demolition Drive In Delhi's Jahangirpuri

The Supreme Court on Wednesday ordered status-quo on the demoliton drive started by the North Delhi Municipal Corporation against alleged encroachers in the Jahangirpuri area, where communal riots took place last week.A bench led by the Chief Justice of India ordered status quo on a mentioning made by Senior Advoate Dushyant Dave."Something serious requires your immediate intervention. This...

Supreme Court Deprecates Recent Trend Of Courts Deciding Bail Pleas Without Giving Specific Reasons

While setting aside the bail granted to a rape-accused, the Supreme Court expressed concerns at the "recent trend" of Courts passing bail orders without providing sufficient reasons."There is a recent trend of passing such orders granting or refusing to grant bail, where the Courts make a general observation that "the facts and the circumstances" have been considered. No specific reasons are...

DHJS - Supreme Court Reduces Service Years Criteria For Civil Judges To Seek Promotion As District Judges Through LDCE

The Supreme Court on Tuesday modified its previous orders regarding the eligibility criteria for Civil Judges in Delhi Judicial Service to seek promotion to the cadre of District Judges through Limited Departmental Competitive Examination (LDCE).The Court has now held that Civil Judges having 7 years qualifying service [(5 years as Civil Judge (Junior Division) and 2 years as Civil Judge...

No Accused Can Be Subjected To Unending Detention Pending Trial : Supreme Court Affirms Right To Seek Bail

Affirming the right of an accused to seek bail, the Supreme Court has observed that no accused can be subjected to unending detention pending trial, especially when there is the presumption of innocence. The Court made this observation while remanding the bail application of Ashish Mishra in the Lakhimpur Kheri case to the High Court, after cancelling the bail granted to him by the High...