Important cases for the month of December for the CLAT PG examination:
Kamla Neti (D) v. Special Land Acquisition Officer (2022): This judgment was handed down by a 2-judges bench of the Supreme Court comprising Justice MR Shah and Justice Krishna Murari. The Court held that as per Section 2 (2) of the Hindu Succession Act, a female member of the Scheduled Tribe is not entitled to any right of survivorship under the provisions of the Hindu Succession Act. Female tribal is entitled to parity with male tribal in intestate succession, hence, CG has been requested to look into the matter.
Kerala State Electricity Board v. Thomas Joseph @Thomas M J (2022): Supreme Court comprising Justice Dinesh Maheshwari and Justice JB Pardiwala discussed the limitations of delegated legislation. Delegated legislation which is ultra vires the parent act cannot be given any effect. The Supreme Court held that Delegated legislation should not travel beyond the purview of the parent Act. If it does, it is ultra vires and cannot be given any effect.
Desh Raj v. Rohtash Singh (2022): Supreme Court held that Unless a plaintiff specifically seeks the refund of the earnest money at the time of filing of the suit or by way of amendment, no such relief can be granted to him u/s 22 of the Specific Relief Act 1963. The bench comprising of Justice Surya Kant and Justice BM Trivedi held that the Court cannot grant the refund of earnest money suo moto.
Maharashtra State Board of Waqfs v. Shaikh Yusuf Bhai Chawla (2022): Supreme Court has reiterated that the existence of an alternate remedy by itself cannot exclude the writ jurisdiction of the High Court. A constitutional remedy cannot be barred or excluded as when the High Court exercises its power under Article 226, it cannot be a case of lack of inherent jurisdiction.
Supreme Court gave judgments on various subjects and questions of law. Here we bring on our blog the important judgments that are helpful for CLAT PG, AILET PG, Other LLM. read more…
Joseph Shine v. Union of India (2023) 5-JB decision SC clarified its 2018 ruling where it struck down Section 497 IPC The court held that 2018 judgment will not impact. read more…
Recently, the Himachal Pradesh High Court Bench comprising of Hon’ble Mr. Justice Tarlok Singh Chauhan & Hon’ble Mr. Justice Virender Singh in the case of State of Himachal Pradesh v.. read more…
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Important cases for the month of December for the CLAT PG examination:
Kamla Neti (D) v. Special Land Acquisition Officer (2022): This judgment was handed down by a 2-judges bench of the Supreme Court comprising Justice MR Shah and Justice Krishna Murari. The Court held that as per Section 2 (2) of the Hindu Succession Act, a female member of the Scheduled Tribe is not entitled to any right of survivorship under the provisions of the Hindu Succession Act. Female tribal is entitled to parity with male tribal in intestate succession, hence, CG has been requested to look into the matter.
Kerala State Electricity Board v. Thomas Joseph @Thomas M J (2022): Supreme Court comprising Justice Dinesh Maheshwari and Justice JB Pardiwala discussed the limitations of delegated legislation. Delegated legislation which is ultra vires the parent act cannot be given any effect. The Supreme Court held that Delegated legislation should not travel beyond the purview of the parent Act. If it does, it is ultra vires and cannot be given any effect.
Desh Raj v. Rohtash Singh (2022): Supreme Court held that Unless a plaintiff specifically seeks the refund of the earnest money at the time of filing of the suit or by way of amendment, no such relief can be granted to him u/s 22 of the Specific Relief Act 1963. The bench comprising of Justice Surya Kant and Justice BM Trivedi held that the Court cannot grant the refund of earnest money suo moto.
Maharashtra State Board of Waqfs v. Shaikh Yusuf Bhai Chawla (2022): Supreme Court has reiterated that the existence of an alternate remedy by itself cannot exclude the writ jurisdiction of the High Court. A constitutional remedy cannot be barred or excluded as when the High Court exercises its power under Article 226, it cannot be a case of lack of inherent jurisdiction.
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