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Section 144 CPC, Stranger Who Purchased Property Knowing About Appeal Pendency Can't Resist Restitution As Bona Fide Purchaser : Supreme Court
In a significant ruling, the Supreme Court of India has upheld the principles of justice and restitution in a case that underscores the importance of fair execution procedures under Section 144 of the Civil Procedure Code (CPC). The judgment, delivered on May 14, 2024, in the matter of Rajesh Sharma v. Mohan Singh,…
SARFAESI Act, Auction Purchasers Can't Object to Bank Offering One-Time Settlement Until Auction Sale is Confirmed: Kerala High Court
In a recent ruling under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), the Kerala High Court delivered a significant judgment favoring auction purchasers embroiled in a dispute with a bank over a One Time Settlement (OTS). The case pertained to…
Supreme Court Rules Advocates Exempt from Consumer Protection Act Liability
New Delhi, May 14, 2024: In a landmark judgment today, the Supreme Court of India ruled that Advocates and their services are excluded from the ambit of the Consumer Protection Act, 2019. The judgment was passed in response to appeals, including Civil Appeal No. 6959 of 2011 and Civil Appeal No. 8214 of 2017. The case…
Wife's Appeal Challenging Divorce Decree Does Not Stand Abated On Husband's Death: Karnataka High Court
Bengaluru, 19th April 2024: In a significant ruling, the Karnataka High Court delivered a judgment in the case of XYZ vs. ABC under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, setting a precedent for cases involving matrimonial disputes and divorce on grounds of cruelty and desertion. Case Details: The case…
Employees Cannot Be Denied Pensionary Benefits Due To Administrative Delays, Not Attributable To Them: Madras High Court
In a significant legal battle concerning pension entitlements, the Madras High Court heard Writ Petition No.1006 of 2019, which addressed the plight of S. Achuthan versus the Government of Tamil Nadu and others. The case revolved around the application of pension rules and the date of service for an employee appointed…
Court Upholds Order For Specific Performance Of Sale Agreement, Says If Owner Intended To Avail Loan It Would Execute Mortgage Deed: Karnataka High Court
In a significant ruling, the Supreme Court has upheld the principle of specific performance in a land sale dispute under the Specific Relief Act. The case pertains to a dispute between Mr. Rajesh Gupta, the plaintiff, and Mr. Anil Verma, the defendant, over the sale of a prime commercial property located in Bangalore.…
Wills on agricultural holdings in Uttar Pradesh not required to be registered: Allahabad High Court
In a recent development, the Allahabad High Court has made a significant ruling regarding the compulsory registration of Wills in Uttar Pradesh. The case, filed under Matters under Article 227 No. 8279 of 2022, was brought forth by Pramila Tiwari as the petitioner against Anil Kumar Mishra and 4 Others as the…
'No Work, No Pay' Can't Be Universally Applied, Especially Where Fault Lies With Employer: Orissa High Court
In a significant ruling, the Orissa High Court, presided over by Justice Sashikanta Mishra, has issued directives to the State of Orissa regarding the regularization of service and release of back wages to a petitioner, Madhusmita Dutta, a former Lecturer in History at Joda Women’s College, Joda. Case Details: 1.…
Aadhar Act, Court Allows Police's Plea To Verify 'Forged Aadhar Card' Details Of Accused With Aadhar Data Bank: Delhi High Court
In a recent development at the Delhi High Court, Hon'ble Mr. Justice Manoj Kumar Ohri has issued an order under Section 482 of the Criminal Procedure Code (Cr.P.C.) read with Section 33(1) of the Aadhar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016, directing the Unique…
Supreme Court Grants Bail To 2 Kerala Advocates Accused Of Raping Client
In a recent development at the Supreme Court of India, a crucial decision was made regarding a case of alleged misconduct involving lawyers. The matter, arising from a judgment dated 18-10-2023 by the High Court of Kerala at Ernakulam, saw Petition(s) for Special Leave to Appeal (Crl.) No(s). 15122/2023 being…
