Mere Proximity In Time & Sameness Of Accused Can’t Justify Joint Trial When Places Of Occurrence & Victims Are Different
“We have already noticed the facts leading to registration of the FIR and the complaint. We have also noted that while according to the appellants, the accused persons (represented by…
Can’t Insist Compliance With Impossible Tender Conditions
“We are perfectly in agreement with the contention of the appellant, especially looking at the various forms in which the Bid Security can be furnished; a Bank Guarantee/ Account Payee…
Students’ Fees Cannot Be Hiked Midway Through Professional Courses Except In Exceptional Circumstances
Fee regulatory commissions must strive to notify the fee payable for the entire course at the threshold itself, the Court stated. The Supreme Court has held that fees payable by…
Supreme Court Sets Aside Orders Rejecting Waqf Trust’s Objection To Execution Of Property Decree, Orders Fresh Inquiry
The Supreme Court has set aside orders rejecting a claim petition filed by Alladin Charities and Zakat Wakf, which sought to resist the execution of a decree for possession of…
Supreme Court Sets Aside Gift Deed Executed Over Share Given Up In Family Settlement
The Supreme Court has held that a person having parted with his share in a property via a compromise deed cannot later execute a gift deed in relation to the…
Order VI Rule 17 CPC | Amendment Permissible If Additional Facts & Reliefs Have Direct Nexus With Existing Controversy
“The real inquiry is whether the amendment introduces a distinct and independent controversy having no connection with the original cause of action, or whether it merely brings on record additional…
Supreme Court Dismisses Andhra Pradesh Govt Plea Against HC Quashing 34% Backward Class Quota In Local Body Elections
The Supreme Court today (October 9) dismissed the Andhra Pradesh government’s challenge to the High Court’s order quashing two government orders that provided 34% reservation to Backward Classes in rural…
Procedural Violation Will Not Vitiate Seizure But Can Affect Evidentiary Value
The Supreme Court on Thursday (October 8) held that a failure of the accused to furnish an explanation regarding the seizure made at his place cannot be regarded as incriminating…
Victim Also Has Right To Seek Speedy Trial Like Accused
“to say that the role of the victim is limited to being a witness, is not correct. A victim or the legal guardian of the victim is a definite stakeholder…
Once Prima Facie Existence Of Arbitration Agreement Shown, Dispute Must Be Referred To Arbitration
The Supreme Court has held that once the prima facie existence of an arbitration agreement is established before a referral court, it ought to appoint an arbitrator and refer the…