Orders and Judgments Duration May 08-22, 2020

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Orders and Judgments Duration May 08-22, 2020

“ANYTHING LESS THAN FULL JUSTICE IS CRUELTY.”

WILLIAM PENN

CONTRACTS

Ramanand & Ors v. Dr Girish Soni & Anr

Doctrine of frustration under Section 56 of Contract Act not applicable to lease agreements – Delhi High Court

The Delhi High Court held that the doctrine of frustration under Section 56 of the Indian Contract Act does not apply to lease agreements.

The Court observed that Section 56 applies only to executory contracts and not to executed contracts such as lease arrangements.

Relying on the Supreme Court judgment in Energy Watchdog v. CERC & Ors., the Court further clarified that where a contract contains force majeure clauses, such situations are governed by Section 32 of the Indian Contract Act.

The Court also held that temporary non-use of premises during the COVID-19 lockdown does not render a lease void under Section 108(B)(e) of the Transfer of Property Act.

The Judgement can be accessed at:
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RIGHT TO INFORMATION

Dr Sanjeev Goel v. CPIO, M/o External Affairs, New Delhi

CIC rejects RTI plea seeking Rahul Gandhi’s religion and passport details

The Central Information Commission dismissed a Right to Information application seeking personal details including religion and passport information of Rahul Gandhi.

The Commission observed that the requested information constituted “personal information” of a third party protected under Section 8(1)(j) of the RTI Act, 2005.

The CIC further held that no larger public interest was demonstrated to justify disclosure of such personal information.

The Judgement can be accessed at:
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COVID-19

Shakeel Qureshi v. Union of India & Ors

Supreme Court dismisses plea seeking replacement of term “Social Distancing” with “Physical Distancing”

The Supreme Court dismissed a petition seeking directions for replacing the phrase “social distancing” with “physical distancing”.

The Court imposed costs of ₹10,000 while rejecting the plea.

The Order can be accessed at:
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Varun Khullar v. Union of India & Ors

Delhi High Court directs Centre to consider lockdown exemption for caretakers of persons with disabilities

The Delhi High Court directed the Central Government to examine whether caretakers, attendants and support staff assisting persons with disabilities could be exempted during the COVID-19 lockdown.

The Court observed that many persons with disabilities are unable to care for themselves without such support and assistance.

The direction was issued under the framework of the National Disaster Management Act.

The Judgement can be accessed at:
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