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Threat Of Land Encroachment, Proposed Use For Public Purpose Not Enough To Invoke Urgency Clause U/S 17 Of Land Acquisition Act: Allahabad HC
The Allahabad High Court has held reiterated that mere threat of encroachment and stating that the land is to be used for planned development for public purpose will not justify the invocation of urgency clause under Section 17 of the Land Acquisition Act, 1894 and dispensation of the statutory requirement of calling for, hearing and deciding objections of the landowners.While dealing with...
'I Fought Tooth & Nail For Suo Motu Designation In Good Cases': Justice Surya Kant Recalls P&H HC Lawyer's Senior Designation
While hearing the PIL relating to the appointment of Information Commissioners, Justice Surya Kant of the Supreme Court today shared an anecdote about how he, as a judge of the Punjab and Haryana High Court, batted for the designation of an advocate of the Punjab and Haryana High Court even though the lawyer did not formally apply for said designation.During today's hearing of the...
2025 LiveLaw (SC) 1028 | Urban Infrastructure Real Estate Fund v. Neelkanth Realty Pvt. Ltd. & Ors.
Click the links below to read the reports and the judgment :Decision On Limitation Made On Demurrer Not Final; Party Autonomy In Arbitration Cannot Override Statute: Supreme CourtSupreme Court Clarifies Principles Governing Plea Of Demurrer...
Reassessing Burden Of Proof In Indian Election Disputes
Free and fair elections are the foundational pillars of any functional democracy. To secure this ideal, the Constitution of India entrusts the Parliament and the Election Commission with the responsibility of ensuring electoral integrity. Among the legislative instruments enabling this, the Representation of the People Act, 1951 (RPA, 1951) governs the conduct of elections, defines corrupt practices, and provides for adjudication of election disputes by the High Courts and the Supreme...
Executing Court Cannot Rely On Evidence From Separate Proceedings Between Parties Under Different CPC Provision: HP High Court
The Himachal Pradesh High Court has held that an executing court can't rely on evidence led in a separate proceeding under a different provision of the Civil Procedure Code between the parties.The Court remarked that such conduct shows a “complete non-application of judicial mind.”Justice Ajay Mohan Goel remarked that: “there was a complete non-application of judicial mind by the...
Karnataka High Court Queries State On Outstanding Beggary Cess, Says Children Begging On Streets Tells 'Something Is Not Right'
The Karnataka High Court on Monday (October 27) directed the State Government to inform the steps it has taken to recover the outstanding Beggary cess amount, collected by local bodies.A division bench of Chief Justice Vibhu Bakhru and Justice C M Poonacha in its order recorded that the affidavit filed by the the Director of Directorate of Municipal Administration indicates that during last...
2025 LiveLaw (SC) 1027 | NOVENCO BUILDING AND INDUSTRY A/S VERSUS XERO ENERGY ENGINEERING SOLUTIONS PRIVATE LTD. & ANR.
Click the links below to read the reports and the judgment :S.12A Commercial Courts Act | Pre-Litigation Mediation Not Mandatory In Cases Of Continuing IPR Infringement: Supreme CourtSupreme Court Explains Tests To Determine Urgency To Exempt Pre-Litigation Mediation In Commercial Suits...
Court Can't Deny To Pass Decree Based On Mediation Report After Referring Dispute To Mediation: Orissa High Court
The Orissa High Court has held that after referring a dispute to mediation, the referring Court cannot deny to accept the mediation report nor it can defy its duty to pass a decree basing upon the solution/compromise arrived at in the mediation.Setting aside the order of a Civil Court denying a decree based on mediation report, the Bench of Justice Sashikanta Mishra observed –“As...
Bombay High Court Quashes Murder Conviction Of Woman For Killing Rapist Who Harassed Her To Withdraw Her Complaint
The Bombay High Court recently commuted a woman's conviction to culpable homicide not amounting to murder after she allegedly killed a man who kept harassing her to withdraw her rape compliant against him.A division bench of Justices Urmila Joshi-Phalke and Nandesh Deshpande, sitting at the Nagpur seat, quashed and set aside a December 21, 2005 judgment of an Additional Sessions Court in...
Arbitrators Cannot Be Disqualified For Merely Participating In Prior Arbitration Involving Interpretation Of Similar Clause: Delhi High Court
The Delhi High Court dismissed a petition under section 34 of the Arbitration and Conciliation Act, 1996 (Act) filed by Steel Authority of India Limited (SAIL) against an arbitral award passed in favor of British Marine PLC.(Respondent). SAIL entered into Contract of Affreightment (COA) with the respondent for transportation of 3 million metric tonnes (±5%) of coking coal over five...