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Decree For Partial Specific Performance Not Permissible When Defendant Retains Undisputed Title Over Entire Property: Kerala High Court
The Kerala High Court has clarified the limits of granting specific performance for part of a contract under Section 12(2) of the Specific Relief Act, 1963, stating that a decree for part performance for a lesser extent should not be granted if the defendant holds the entire extent of the property.The Division Bench of Justice Sathish Ninan and Justice P. Krishna Kumar delivered the judgment...
Challenge To Tribunal Reforms Act | Appointments Being Made From Wait List Ignoring Merit List, Lawyers Tell Supreme Court
The Supreme Court yesterday, while hearing the challenge to the Tribunals Reforms Act, 2021, was informed of the issue of appointments to the tribunals being made from the wait list candidates over those in the merit list. The Bench comprising Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran was hearing the Madras Bar Association case concerning the validity of the...
Orissa High Court Orders Personal Appearance Of Berhampur SP For Linking Advocate Pitabash Panda's Murder To Pending Election Case
The Orissa High Court on Friday (November 07) ordered personal presence of Dr. Saravana Vivek M., Superintendent of Police (SP), Berhampur after he admitted to have made a press statement linking a pending election petition against the sitting Berhampur MLA to the murder of Member of Odisha State Bar Council (OSBC) Advocate Pitabash Panda.Last week, while hearing an election petition filed by...
Bihar Assembly Elections : Supreme Court Refuses To Entertain RJD Candidate Shweta Suman's Plea Against Rejection Of Nomination
The Supreme Court yesterday refused to entertain the plea by RJD (reserved category) candidate Sweta Suman challenging her rejection of nomination for the Bihar State Assembly elections.The bench of CJI BR Gavai and Justice K Vinod Chandran was hearing the challenge to the Patna High Court order. The Patna High Court on November 4 refused to entertain the writ petition filed by Suman. The...
Punjab & Haryana High Court Seeks Response Of Magistrate Who Allegedly Granted Bail To Her Relative
The Punjab and Haryana High Court has sought a response from a Judicial Magistrate (JMIC) Vandana over allegations that she granted bail to an accused who is her close relative.The Court was hearing plea seeking cancellation of bail granted to accused Reshab Walia by the JMIC Vandana in the case registered under Sections 195A (threatening any person to give false evidence) and Section...
Civic Body Cannot Label Occupant As Trespasser After Seeking Voluntary Vacation On Promise Of Re-Allotment: HP High Court
The Himachal Pradesh High Court has held that a Municipal Corporation can't raise the issue of trespassing by a former occupant, after it had sought vacation of the premises on the promise of re-allotment.Justice Ajay Mohan Goel remarked that: “The respondent–Corporation which got the premises vacated from the petitioner on the promise of the petitioner being put back in possession…...
Himachal Pradesh High Court Gives NHAI 10 Days To Repair Parwanoo–Shimla Highway; Toll Collection To Remain Suspended Till Work Is Complete
The Himachal Pradesh High Court has granted the State and NHAI a window of 10 days to complete the work of Parwanoo- Shimla Highway, and stated that only if the work is completed, would toll collection be allowed from 12th November, 2025 onwards.The Court issued several directions to ensure timely completion and safe road conditions. It directed the State to assist NHAI in overcoming...
Failure To Submit Final Plan Or Participate In Challenge Process Bars Unsuccessful Bidder From Questioning Approved Plan: NCLAT
The National Company Law Appellate Tribunal (NCLAT) New Delhi bench dismissed an appeal filed by Ganga Construction Consortium, an unsuccessful resolution applicant, challenging the approval of resolution plan submitted by Manglam Multiplex Pvt. Ltd. in the Corporate Insolvency Resolution Process (CIRP) of Varutha Developers Pvt. Ltd. A Bench comprising Justice Ashok Bhushan and Mr....
Kerala High Court Seeks State's Stand On Legality Of Pre-2008 Paddy Land Reclamations Under Wetland Act
The Kerala High Court on Wednesday (November 5) directed the State Government to file a detailed affidavit clarifying its stand on the legality of paddy land reclamations made prior to the enforcement of the Kerala Conservation of Paddy Land and Wetland Act, 2008.The division bench comprising Chief Justice Nitin Jamdar and Justice Syam Kumar V M issued the direction while hearing a batch of...
Calcutta High Court Directs Resumption Of MGNREGA Work In Bengal Following SC's Dismissal Of Centre's SLP
In a major development for rural workers in West Bengal, the Calcutta High Court today directed the immediate resumption of work under the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) across the State.The matter was taken up by the Division Bench comprising Acting Chief Justice Sujoy Paul and Justice Partha Sarathi Sen. The Bench directed the Government of India and the...
Transit Bail 'Short Lived' Safeguard, Effect Ceases When Competent Court's Jurisdiction Invoked: Delhi High Court
The Delhi High Court has observed that the grant of transit bail is a short lived safeguard whose effect ceases when the jurisdiction of the competent court is invoked.Justice Swarana Kanta Sharma said that the relief is not intended to confer a continuing protection or to adjudicate upon the merits of the allegations against the accused.“Once the person avails of that opportunity and...