Supreme Court Holds Will Cannot Override Benami Bar — Employer-Employee Relationship Does Not Constitute Fiduciary Duty Under Prohibition of Benami Property Transactions Act; Directs Confiscation of Suit Properties
The Supreme Court held that a person cannot claim ownership over benami property merely through a Will executed by the ostensible owner. The Court ruled that commercial arrangements do not…
Supreme Court Reiterates that Courts Retain Discretion under Section 28 of the Specific Relief Act to Extend Time for Deposit in Specific Performance Decrees and that Rescission is Not Automatic
The Supreme Court held that delay in depositing balance sale consideration under a decree for specific performance does not automatically rescind the contract under Section 28 of the Specific Relief…
Jammu & Kashmir and Ladakh High Court Upholds Recovery of Excess Compensation Paid in Land Acquisition Case, Holds Inherent Powers Under Section 151 CPC Available to Prevent Unjust Enrichment
The Jammu & Kashmir and Ladakh High Court upheld recovery of over ₹2.61 crore excess compensation paid in a land acquisition case, holding that courts can invoke inherent powers under…
Delhi High Court Refuses to Quash POCSO Proceedings Despite Subsequent Marriage and Birth of Child, Emphasises Need for Careful Scrutiny in Such Cases
The Delhi High Court refused to quash a POCSO and rape FIR despite the accused marrying the prosecutrix and having a child with her. The Court held that compromise alone…
Supreme Court Grants Default Bail to UAPA Accused, Holds Extension of Investigation Period Illegal for Non-Compliance with Mandatory Procedural Safeguards
The Supreme Court granted default bail to an accused booked under the UAPA, holding that extension of time for filing the chargesheet without producing the accused before court, informing him…
Bombay High Court Holds Employer Not Obliged to Issue Relieving Letter or Service Certificate to Employee Who Resigns in Breach of Service Bond
The Bombay High Court held that an employee who resigns in breach of a service bond cannot compel the employer to issue a relieving letter or experience certificate. The Court…
Delhi High Court Upholds Maintenance Order Under Section 125 CrPC Granting Liberal Interpretation to Term ‘Wife’ in Second Marriage Without Formal Divorce from First Husband
The Delhi High Court upheld maintenance granted to a wife under Section 125 CrPC, reiterating that the provision is a social justice measure requiring liberal interpretation of the term “wife.”…
Rajasthan High Court Strongly Deplores Police Practice of Public Parading and Social Media Exposure of Arrestees, Issues Directions to Safeguard Dignity and Presumption of Innocence
The Rajasthan High Court condemned the practice of police publicly parading accused persons and circulating their photographs/videos on social media, holding that such acts amount to institutional humiliation, extra-legal punishment,…
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