1 year, 4 months ago

Society Needs More Time To File Reply Than An Individual, Allahabad High Court While Quashing Demolition Notice Against Radhasoami Satsang Sabha

Live Law

The Allahabad High Court has quashed the demolition orders passed by Tehsildar, Agra against Radhasoami Satsang Sabha on grounds of violation of principles of natural justice. The society and the office bearers of the society has a duty to defend the society and also the individual who constituted it after observing the due procedure as provided by the bye-laws of the society which required more time in contrast to individual who has to take a decision of its own.” The Court held that the petitioner being a registered society should have been given a reasonable time to reply to the notices. High Court Verdict Reading Section 26 of the Code along with various decisions of the Supreme Court, the Court observed it does not specifically mandates observance of principles of natural justice. In R. V. South West London Supplementary Benefit Appeal Tribunal, Ex ‘p.’ Bullen, 120 Sol Jo 437 it was held that to fail to accede to a request for an adjournment may amount to a failure to give a hearing and thus to a failure of natural justice or fairness.” The Court held that unlike an individual, registered society consists of members and bye-laws, therefore, more time is required to take decisions.

Society Justice Natural Justice Orders Opportunity High Notice Sabha More Time Natural Code Individual Petitioner Satsang Reply Court Held Section 26 Reasonable Tehsildar Radhasoami Satsang Sabha Demolition Orders Reasonable Opportunity Satsang Sabha high petitioner court held opportunity justice satsang reply needs radhasoami individual reasonable society quashing notice orders sabha natural

History of this topic

Listen to the court, end demolition justice

Trending News

1 day, 2 hours ago

Listen to the court, end demolition justice

Hindustan Times

The Supreme Court Monday once again highlighted the importance of due process in the execution of orders regarding demolition of constructions that violate municipal building laws. It held that arbitrary action in a case heard by a court subverted the latter’s authority; the authorities were assuming an adjudicatory role to determine the guilt of an accused and even punish him. …

Supreme Court Issues Notice To Maharashtra Officer In Contempt Plea Against House Demolition Over 'Anti-India' Slogans After Indo-Pak Match

Trending News

2 days, 4 hours ago

Supreme Court Issues Notice To Maharashtra Officer In Contempt Plea Against House Demolition Over 'Anti-India' Slogans After Indo-Pak Match

Live Law

The Supreme Court today issued notice on a contempt petition alleging the demolition of a Muslim man's house and shop in Maharashtra without prior notice, in violation of the Court's November 13 judgment in the bulldozer matter. Immediately after the incident, it is mentioned, that the petitioner's house and shop were demolished by civic authorities without any prior notice on …

2 days, 8 hours ago

’Issue notice’: Supreme Court seeks Maharashtra’s response on contempt plea over property demolition

Live Mint

The Supreme Court on Monday ordered a response from the Maharashtra authorities regarding a petition that sought the initiation of contempt proceedings over the demolition of a house and shop in Sindhudurg district, allegedly due to an anti-India slogan raised during a cricket match. As reported by PTI, the petitioner has asserted that the demolition was carried out by the …

3 weeks, 2 days ago

'Approach HC': Supreme Court Refuses To Entertain Contempt Petition Alleging Illegal Demolition Of Accused Persons' Houses In Gujarat

Live Law

The Supreme Court today refused to entertain a petition assailing demolition action stated to have been carried out by Ahmedabad authorities against houses of persons accused of crimes in violation of the Court's November 13 judgment.A bench of Justices BR Gavai and AG Masih passed the order, asking the petitioner, who claimed that the authorities were guilty of contempt of …

1 month, 1 week ago

Supreme Court Issues Notice To UP Authorities In Contempt Petition Over Part-Demolition Of Mosque; Stays Further Demolition

Live Law

The Supreme Court today issued notice on a contempt petition filed against Uttar Pradesh authorities for alleged violation of judgment dated November 13, 2024 restraining demolition actions across the country without prior notice and opportunity of hearing.A bench of Justices BR Gavai and AG Masih passed the order, stating,"It is submitted that the structure in question was constructed on. The …

1 month, 2 weeks ago

Sambhal property demolition: SC asks petitioner to approach jurisdictional HC

The Hindu

The Supreme Court on Friday asked a petitioner, who was seeking initiation of contempt proceedings against Sambhal authorities for allegedly violating its verdict on demolition of properties, to approach the jurisdictional High Court. "We find that the issue can be best addressed by the jurisdictional high court," the bench said, while granting liberty to the petitioner to approach the High …

1 month, 3 weeks ago

Delhi High Court clears public servant in negligence case, cites belated sanction

India Today

Sanction has to be obtained by the prosecuting agency before a court takes cognisance and any subsequent sanction would be futile, the Delhi High Court held recently. Justice Neena Krishna Bansal passed the order in a case where a belated sanction was accorded for prosecution of public servants -- the petitioner, an MCD school principal, and a junior engineer contractor …

2 months, 3 weeks ago

Delhi High Court Issues Directions For Speedy Disposal Of Compromise Based Pleas To Quash FIRs

Live Law

The Delhi High Court has recently issued practice directions for ensuring speedy disposal of non-contentious compromise based petitions involving quashing of FIRs. The directions state that all non-contentious compromise based petitions involving quashing of FIRs will be preliminary listed before Joint Registrar for criminal jurisdiction, who can further verify and ensure compliance with the latest guidelines laid down by the …

4 months, 1 week ago

SC lays down pan-India guidelines for demolition of properties, says Executive can't replace Judiciary

New Indian Express

Passing a slew of directions, the bench said, "No demolition should be carried out without a prior show cause notice returnable either in accordance with the time provided by the local municipal laws or within 15 days time from the date of service of such notice, whichever is later". The Executive can't replace the Judiciary in performing its core function, …

7 months ago

Supreme Court Weekly Round-Up (12 August-17 August, 2024)

Live Law

Live Law has got you covered with all the latest updates of this last week. Supreme Court Dismisses Himachal Pradesh Govt's Appeal Against HC Decision Quashing Illegal Land Acquisition Case details: State of Himachal Pradesh & Ors v. Balbir Singh & Anr, Diary No. Supreme Court Dismisses ED's Plea Against HC Order Allowing NDTV To Seek Compounding Of Alleged FEMA …

10 months, 2 weeks ago

Supreme Court upholds demolition of encroachments at Akbar Nagar in Lucknow

Op India

In a major order, the Supreme Court today upheld the Allahabad High Court’s Order to demolish illegal settlements in Akbar Nagar in Lucknow. “In view of the aforesaid, we are in agreement with the High Court that the colony has been constructed on a floodplain area,” the Supreme Court concluded, stating that the petitioners lack any legal title or document, …

1 year ago

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court

Live Law

The Supreme Court reiterated that the High Court by exercising their inherent power must quash the prosecution based on the criminal complaint arising out of a civil transaction. ".although the inherent powers of a High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly, yet the High Court must not hesitate in quashing such criminal …

1 year, 1 month ago

Brazen Misuse Of Provisions: P&H High Court Pulls Up Panchayat For Arbitrary Demolition Of Village Properties In Violation Of Court's Orders

Live Law

The Punjab & Haryana High Court has pulled up the Panchayat and Sarpanch of certain villages, for "arbitrary demolition of structures" in violation of High Court's ruling on guidelines on Gram Panchayat's authority on initiating demolition proceedings.A division bench of Justice Sureshwar Thakur and Justice Lalit Batra said, "In consequence for obviating the further perpetuation of. The Punjab & Haryana …

1 year, 5 months ago

Allahabad High Court Sets Aside Non-Speaking Order Cancelling GST Registration, Says Reason Is 'Heart Beat' Of Every Conclusion

Live Law

The Allahabad High Court has held that any order devoid of reasons will become lifeless as reasons are the heartbeat of every order. Placing reliance on the decision of the Supreme Court in The Secretary & Curator, Victoria Memorial v. Howrah Ganatantrik Nagrik Samity and ors., the Court held that an order without valid reasons cannot be sustained. Whether or …

1 year, 5 months ago

Agra Radhasoami Satsang Sabha Land Dispute | Allahabad High Court Extends Its Status Quo Order Till Oct 10

Live Law

The Allahabad High Court on Thursday extended its last week’s order till October 10 staying the demolition drive being carried out by Agra's local authority on a land claimed by Radhasoami Satsang Sabha, a religious and charitable society headquartered in the Dayalbagh area of the district. Adjourning the matter today, a bench of Justice Manish Kumar Nigam directed both the …

1 year, 6 months ago

Principles Of Natural Justice Not Violated When The Opportunity To Make Oral Submission Is Not Availed: Delhi High Court

Live Law

The High Court of Delhi has held that the principles of natural justice are not violated when the opportunity to make oral submissions on an issue was granted but not availed by the party. The Court remarked that when the dispute between the parties was based on documents, merely because the oral arguments were not addressed by a party, does …

1 year, 6 months ago

SC to hear plea on demolition drive near Krishna Janmabhoomi today

Live Mint

The Supreme Court of India will hear a plea related to the demolition drive to clear alleged illegal constructions near the Krishna Janmabhoomi in Uttar Pradesh's Mathura today, Monday, August 28, according to PTI reports. As per the cause list of Monday uploaded on the apex court website, the plea would come up for hearing before a bench comprising justices …

1 year, 7 months ago

2021 Assam Evictions | Supreme Refuses To Entertain Opposition Leader's Plea Against Demolitions; Directs For Rehabilitation Measures

Live Law

The Supreme Court on Friday refused to entertain a petition filed by the leader of Opposition in the Assam Assembly, Debabrata Saikia, against the Assam Government's "forced eviction drive" which took place in the Darrang District of the State of Assam from September 21-23, 2021. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, Justice Manoj Misra noted that since …

1 year, 8 months ago

Follow law, Telangana HC tells Gajwel cops

Deccan Chronicle

Hyderabad: Justice C.V. Bhaskar Reddy of the Telangana High Court yet again required the police to follow the statutory provision of giving a notice to people who are accused in cases where the punishment is less than seven years. A bench of Chief Justice Alok Aradhe and Justice T. Vinod Kumar was dealing with a writ plea filed by advocate-cum-cricketer …

2 years, 2 months ago

Supreme Court stay on Haldwani evictions draws attention to need for laws

The Hindu

Published : Jan 24, 2023 14:49 IST On January 5 last month, the Supreme Court stayed the forcible eviction of over 4,000 families, mostly Muslims, from Haldwani in Uttarakhand for purportedly occupying land belonging to the Railways. “Not only will this help settle the present confusion about the state of the law, but it would also deal with the recent …

2 years, 2 months ago

India’s Supreme Court blocks demolition of 4,000 Muslim homes calling it ‘human’ issue

The Independent

India’s Supreme Court has stayed an order which called for the mass demolition of over 4,000 homes in the hill state of Uttarakhand. The top court stayed an order by the local railway authorities, back by Uttarakhand state’s high court on 20 December, requiring the demolition of all “illegal encroachments” along the railway line in the Banbhulpura district of the …

2 years, 6 months ago

Demolition Action Cannot Be Taken Against Allegedly Unauthorised Property Unless Owner/ Resident Is Given Adequate Opportunity Of Hearing: Delhi HC

Live Law

The Delhi High Court has observed that a property cannot be demolished on the ground that it is unauthorized, unless the owner or resident is given an adequate opportunity of hearing. "To my mind, there can be no question of demolishing any property on the ground that it is unauthorized, until and unless the person owning the property and/or in …

$Can\'t impose ban on demolitions across states: SC$

2 years, 8 months ago

Can\'t impose ban on demolitions across states: SC

Deccan Chronicle

New Delhi: The Supreme Court on Wednesday refused to pass an interim direction staying the demolition of properties of accused involved in violent protests across various states. The top court was hearing pleas filed by Muslim body Jamiat Ulama-i-Hind seeking directions to the Uttar Pradesh government and other states to ensure that no further demolition of properties of alleged accused …

2 years, 9 months ago

SC on UP demolitions: Authorities should strictly follow due process under law

Deccan Chronicle

New Delhi: Stating that "everything should be fair" and authorities should strictly follow due procedure under the law, the Supreme Court on Thursday gave the Uttar Pradesh government and its authorities three days to respond to pleas alleging that houses of those accused in last week's violence were illegally demolished. Solicitor General Tushar Mehta, appearing for the Uttar Pradesh government, …

2 years, 9 months ago

Supreme Court to hear Jamiat Ulama-i-Hind’s plea against demolitions in U.P. on Thursday

The Hindu

The Supreme Court is scheduled to hear on Thursday the pleas filed by Muslim body Jamiat Ulama-i-Hind seeking directions to the Uttar Pradesh government to ensure that no further demolitions of properties of alleged accused of recent violence are carried out in the State. A vacation bench of Justices A.S. Bopanna and Vikram Nath is likely to take up the …

2 years, 9 months ago

UP Demolitions Fall Into Larger Pan-India Pattern, Can Our Courts Not Stop This?

The Quint

But there's a lot more design to this playbook. Delhi High Court lawyer Harshit Anand told The Quint that "the modus operandi which the State is adopting to carry out demolitions is designed to render civil remedy infructuous." "In such a case, the only forum that the aggrieved person is left with is a constitutional court which can stay such …

2 years, 9 months ago

Prophet Remark Row: Jamiat Ulama-I-Hind Moves Supreme Court Against Alleged Vengeful Demolitions In Uttar Pradesh

Live Law

In an another important development in the Prophet Remark Row and the demolitions thereafter, Jamiat Ulama-I-Hind has moved the Supreme Court seeking directions to the State of Uttar Pradesh to ensure that no further demolitions are carried out in the State without following due process. The applicant has sought directions to initiate action against officials responsible for the houses demolished …

2 years, 10 months ago

Person Invoking Article 226 Jurisdiction Must Come With Clean Hands, Must Disclose Complete & Correct Facts: Delhi High Court

Live Law

The Delhi High Court has observed that a person approaching the High Court under Article 226 of the Constitution must come with a pair of clean hands, adding that there must be disclosure of full, complete and correct facts.A division bench comprising of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla also observed that a petitioner should not suppress …

2 years, 11 months ago

Supreme Court stays proposed demolition of slums in Delhi's Sarojini Nagar, asks Centre not to take coercive action

India Today

In a big relief to jhuggi dwellers from Sarojini Nagar in New Delhi, the Supreme Court on Monday asked the Centre not to take any coercive steps to evict them. A bench led by Justice K M Joseph and Justice Hrishikesh Roy issued notice to the Centre and slated the hearing for next Monday. Read | Jahangirpuri demolition: Our peace …

2 years, 11 months ago

Status quo to be maintained till further orders: SC on Jahangirpuri demolition drive

Deccan Chronicle

New Delhi: The Supreme Court on Thursday extended the status quo until further orders on the issue of demolition of buildings in violence-hit Jahangirpuri area of the national capital. "Status quo to be maintained till further order.List after two weeks and pleadings to be completed till then," the court said. The apex court also said that it will take a …

2 years, 11 months ago

Jahangirpuri Demolitions: Supreme Court Hearing- LIVE UPDATES

Live Law

Supreme Court bench led by Justice Nageswara Rao to hear today the petition filed by Jamiat Ulama-I-Hind and others against the Jahangirpuri demolition drive.Supreme Court on Wednesday ordered status-quo on the demoliton drive started by the North Delhi Municipal Corporation against alleged encroachers in the Jahangirpuri area, where communal riots took place last week.A bench led by the. Supreme Court …

2 years, 11 months ago

Jahangirpuri Demolitions: Supreme Court Hearing- LIVE UPDATES

Live Law

2 years, 11 months ago

Jahangirpuri Demolitions: Supreme Court Hearing- LIVE UPDATES

Live Law

2 years, 11 months ago

Supreme Court stepped in to stop demolition in Delhi’s violence-hit Jahangirpuri

Hindustan Times

Hours after several bulldozers entered Delhi’s violence-hit Jahangirpuri on Tuesday and began tearing down alleged illegal constructions and encroachments in the area, the Supreme Court ordered a status quo on the demolition drive by the North Delhi Municipal Corporation, restraining the authorities from proceeding any further -- although it took at least another 90 minutes for the local body to …

2 years, 11 months ago

Unless Order Of Demolition Specifically Indicates Extent Of Unauthorised Construction, It Cannot Be Implemented: Calcutta HC

Live Law

The Calcutta High Court has recently observed that unless an order of demolition specifically indicates the nature of the deviation and the extent of unauthorised construction which is to be demolished, such an order cannot be implemented. Justice Shampa Sarkar observed, "In the opinion of the Court unless the order of demolition specifically indicates the nature of the deviation and …

3 years, 1 month ago

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution

Live Law

While remarking that it is a classic case where the execution proceedings themselves become a second round of litigation and it takes ages for the decree holder to realize the fruits of success of a decree with judgment debtors assisted innovatively, the Supreme Court recently dismissed a SLP assailing Delhi High Court's order.The bench of Justices SK Kaul and MM …

3 years, 4 months ago

Supreme Court Monthly Digest: September 2021 [Citation LL 2021 SC 409 To LL 2021 SC 524]

Live Law

Principle Of Equal Pay For Equal Work Cannot Be Applied Merely On Basis Of DesignationThe Supreme Court has observed that the principle of equal pay for equal work cannot be applied merely on basis of designation. "We find that reinstatement cannot be automatic, and the transgression of Section 25F being established, suitable compensation would be the appropriate remedy", the bench …

3 years, 4 months ago

Allahabad High Court Grants Protection From Arrest To 'The Wire's Siddharth Varadarajan And Ismat Ara In FIR Over Report On Farm Law Protestor's Death

Live Law

The Allahabad High Court recently granted interim protection from arrest to The Wire's founding editor Siddharth Varadarajan and reporter Ismat Ara in connection with a case registered against them for tweeting a report on the death of a protester in New Delhi during the Republic Day incidents as it allegedly "mislead people".The Bench of Justice Mahesh Chandra Tripathi and Justice. …

3 years, 6 months ago

Delhi High Court Directs Police To Ensure No Encroachment By Any Miscreant On Temple, No Law And Order Issue In Area

Live Law

The Delhi High Court has directed the Delhi Police to ensure that no encroachment happens on a 'Mandir' a part of which was claimed to have been demolished overnight by the Municipal Corporation. Directing that the layout plan of the temple must be ensured to be protected, Justice Sanjeev Sachdeva also directed the Police to ensure that there is no …

3 years, 6 months ago

Attempt To Murder: "Offence Against Society, Can't Quash Proceedings Only On Ground Of Compromise": Delhi High Court

Live Law

Observing that an offence of Attempt To Murder will fall under the category of heinous offence, and therefore, has to be treated as a crime against society, the Delhi High Court on Monday refused to quash an FIR registered for an offence under 307/34 IPC. Court's observations At the outset, the Court noted that there was a conflict of opinions …

3 years, 8 months ago

Breaking: "Demolition Of Gareeb Nawaz Mosque Prima Facie In Violation Of HC's Directions": Allahabad High Court Issues Show Cause Notice For Contempt To SHO

Live Law

The Allahabad High Court has issued show cause notice to SHO, Ram Sanehi Ghat to explain as to why contempt proceedings should not be initiated against him for passing the order for demolishing of Gareeb Nawaz Masjid in violation of the High Court's directions that any order of eviction or demolition shall remain in abeyance till 31st May in wake …

4 years, 2 months ago

'Abuse Of Process' : Karnataka High Court Dismisses Petition Seeking Criminal Action Against Azim Premji Under RBI Act

Live Law

The Karnataka High Court has dismissed a petition filed by a not for profit company named "India Awake for Transparency", challenging an order of the magistrate court dismissing its private complaint seeking directions to Reserve Bank of India to register a case against Wipro founder Azim Premji and others under the Reserve Bank of India Act. Further, it was said …

4 years, 7 months ago

'Matter Needs Early Decision By HC' : SC Says While Declining To Entertain Plea Against Andhra Pradesh HC's Stay On Three Capital Law

Live Law

The Supreme Court on Wednesday refused to entertain the plea for vacation of stay passed by the the Andhra Pradesh High Court on the formation of three capital cities in the State.A bench of Justices Ashok Bhushan, R. Subhash Reddy & MR Shah stated that they were not inclined to interfere in the interim order which was first passed on …

5 years ago

Allahabad HC Asks UP Govt To File Response In Plea Against Ordinance For Recovery Of Damages [Read Order]

Live Law

In a challenge to its latest ordinance enabling recovery of damages to property, the Allahabad High Court has asked the UP state government to file its reply in the matter within a week. A copy of the counter affidavit shall also be supplied to counsel for the petitioner while submitting the same in Court," the bench comprised by Chief Justice …

5 years, 1 month ago

High Courts Weekly Round-Up

Live Law

Allahabad High Court Marital Status Of A Daughter Alone Not A Ground For Rejecting Claim For Compassionate Appointment: Reiterates Allahabad HC The Lucknow bench of the Allahabad High Court has reiterated that marital status of a daughter alone cannot be the ground for rejecting her application for compassionate appointment in terms of The U.P. ● Karnataka High Court After Ten …

5 years, 7 months ago

Babri demolition case: SC asks UP govt to pass orders in 2 weeks on extension of special judge's tenure conducting trial

Firstpost

The SC asked the UP govt to pass orders within two weeks on the extension of tenure of the special judge conducting the trial in the 1992 Babri Masjid demolition case. New Delhi: The Supreme Court on Friday asked the Uttar Pradesh government to pass orders within two weeks on the extension of tenure of the special judge conducting the …

5 years, 8 months ago

SC Wants Ruling In Babri Masjid Demolition Case Against LK Advani, MM Joshi In 9 Months

ABP News

The Supreme Court on Friday directed that a judgement in the Babri Masjid demolition case against senior BJP leaders L.K. The Uttar Pradesh government told the Supreme Court that the tenure of the trial court judge shall be extended in view of his retirement scheduled on September 30. The Supreme Court observed it wants the Special Judge to continue and …

5 years, 8 months ago

High Court seeks Telangana government reply on Errum Manzil

Deccan Chronicle

Hyderabad: Reminding that civil society has more rights to ask the government or the Cabinet than the judiciary, the Telangana High Court said on Thursday that it cannot go beyond its jurisdiction in directing the government to submit an explanation as to how the Cabinet had taken a decision to demolish the Errum Manzil palace to build the new Assembly …

6 years, 11 months ago

SC Refuses Urgent Hearing On Pleas Seeking Expeditious Appointment Of Judges In Calcutta HC

Live Law

The Supreme Court bench of Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar on Friday adjourned the hearing in two writ petitions seeking the expeditious appointment of judges to the Calcutta High Court to the first week of July.One of the petitions, on behalf of the Youth Bar Association of India, prays for the writ …

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