'Litigant Can't Be Expected To Wait Indefinitely For Reasons': Supreme Court Once Again Stresses On Need To Deliver Judgments Soon
2 years, 5 months ago

'Litigant Can't Be Expected To Wait Indefinitely For Reasons': Supreme Court Once Again Stresses On Need To Deliver Judgments Soon

Live Law  

The Supreme Court has once again stressed on the need to immediately deliver judgments by observing that a litigant cannot be expected to wait indefinitely for availability of the reasons for a Court Order.In this case, a party to election petition filed an an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 in the High Court for Telangana. The Supreme Court has once again stressed on the need to immediately deliver judgments by observing that a litigant cannot be expected to wait indefinitely for availability of the reasons for a Court Order. The court, referring to the decisions in Anil Rai v. State of Bihar 7 SCC 318 and State of Punjab and Others v. Jagdev Singh Talwandi 1 SCC 596, observed: "We are of the view that the guidelines and observations therein remain fundamental to the course of dispensation of justice in any cause before the Court and the principle set out therein need to be applied with necessary variation, as may be necessary in the given fact situation of any particular case." Delay In Delivery Of Reasoned Judgments Violates Fundamental Right To Life: Supreme Court Issues 'Reminder' To HCs Case details K Madan Mohan Rao vs Bheemrao Baswanthrao Patil | 2022 LiveLaw 803 | CA 6972 OF 2022 | 26 September 2022 | Justices Dinesh Maheshwari and Bela M. Trivedi Headnotes Practice and Procedure - Even after more than three months from pronouncement of the order by the High Court, the reasons are not forthcoming and are not available with either of the parties - A party to the litigation cannot be expected to wait indefinitely for availability of the reasons for the order of the Court - Referred to Anil Rai v. State of Bihar 7 SCC 318 and State of Punjab and Others v. Jagdev Singh Talwandi 1 SCC 596 - Guidelines and observations therein remain fundamental to the course of dispensation of justice in any cause before the Court and the principle set out therein need to be applied with necessary variation, as may be necessary in the given fact situation of any particular case.

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History of this topic

S.17 Of Arbitration Act Casts Weighty Burden On Party To Persuade Court To Hold Onto S.9 Proceedings After Formation Of Tribunal: Telangana HC
2 weeks, 2 days ago

S.17 Of Arbitration Act Casts Weighty Burden On Party To Persuade Court To Hold Onto S.9 Proceedings After Formation Of Tribunal: Telangana HC

Live Law  

The Telangana High Court has held that the 2015 amendment to the Arbitration and Conciliation Act grants a bouquet of protections to a party during the course of arbitral proceedings. This creates an exception to the bar under section 9 – that the Court shall not entertain the 9 petition once the Arbitral Tribunal has been constituted.” Going further, the …

'Strength' Or 'Weakness' Of Case Cannot Justify Delay In Filing Appeal: Andhra Pradesh High Court
2 months, 1 week ago

'Strength' Or 'Weakness' Of Case Cannot Justify Delay In Filing Appeal: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court, while dismissing a condonation of delay application, observed that the strength or weakness of a case cannot justify the delay if the appellant has failed to demonstrate diligence in filing the appeal. Consequently, the appellants filed the present appeal along with an application to condone the delay of 880 days in filing the same. “Though …

Supreme Court Annual Digest 2024 - Constitution Of India
2 months, 1 week ago

Supreme Court Annual Digest 2024 - Constitution Of India

Live Law  

Constitution of India Article 8 - The Court clarified that when a person acquires a foreign citizenship, the cessation of Indian citizenship happens by operation of law by virtue of Section 9 of the Citizenship Act. Rekha Sharma v. High Court of Rajasthan, 2024 LiveLaw 592 : AIR 2024 SC 4241 Article 14, 19, 21, 48A & 51A – Fundamental …

Consumer Commissions Have Inherent Power To Stay Execution Of Order Under Challenge On Appellant's Application: Kerala High Court
2 months, 2 weeks ago

Consumer Commissions Have Inherent Power To Stay Execution Of Order Under Challenge On Appellant's Application: Kerala High Court

Live Law  

The Kerala High Court observed that though, under the Consumer Protection Act, there is no provision to stay the execution of an order passed by the District or State Commission, the Commissions possess inherent power to stay the same. Entertainment of an appeal and stay of proceeding pursuant to order impugned in the appeal stands at different footings, at two …

Order VII Rule 11 CPC - Where It's Glaring From Averments That Suit Is Hopelessly Time-Barred, Plaint Is To Be Rejected : Supreme Court
2 months, 3 weeks ago

Order VII Rule 11 CPC - Where It's Glaring From Averments That Suit Is Hopelessly Time-Barred, Plaint Is To Be Rejected : Supreme Court

Live Law  

The Supreme Court on December 20 set aside an order passed by the High Court of Bombay dated April 26, 2016. While reiterating the position of law that the question of limitation is a mixed question of fact and law and the question for rejecting the plaint on that has to be decided after weighing the evidence on record, a …

Order VII Rule 11 CPC - Where It's Glaring From Averments That Suit Is Hopelessly Time-Barred, Plaint Is To Be Rejected : Supreme Court
2 months, 3 weeks ago

Order VII Rule 11 CPC - Where It's Glaring From Averments That Suit Is Hopelessly Time-Barred, Plaint Is To Be Rejected : Supreme Court

Live Law  

The Supreme Court on December 20 set aside an order passed by the High Court of Bombay dated April 26, 2016. The Appellants sought rejection of the said plaint by filing an application under Order VII Rule 11 of the Civil Procedure Code, 1908 on grounds that the suit was barred by limitation. However, the trial Court erroneously dismissed the …

'Backdoor Entry And Against Public Policy': Telangana High Court Cancels Reappointment Of 1,200 Multipurpose Health Assistants
3 months, 2 weeks ago

'Backdoor Entry And Against Public Policy': Telangana High Court Cancels Reappointment Of 1,200 Multipurpose Health Assistants

Live Law  

The Telangana High Court has set aside the appointment of almost 1,200 Multi Purpose Health Assistant who were reappointment to the post by way of a Government Order, in contradiction of the High Court order, which was later upheld by the Supreme Court. "If G.O.Rt.No.1207, dated 09.10.2013, is examined in juxtaposition to the direction contained in para of para 60 …

Supreme Court Stays Proceedings In Mohd Azharuddin's Plea Challenging BRS MLA Maganti Gopinath's Election To Telangana Assembly
4 months, 1 week ago

Supreme Court Stays Proceedings In Mohd Azharuddin's Plea Challenging BRS MLA Maganti Gopinath's Election To Telangana Assembly

Live Law  

The Supreme Court recently stayed further proceedings in an election petition filed by Congress' Mohammed Azharuddin challenging the election of BRS leader Maganti Gopinath from Jubilee Hills constituency in 2023 Telangana Assembly elections.A bench of Justices Surya Kant and Ujjal Bhuyan passed the order, while issuing notice on Gopinath's plea challenging. The Supreme Court recently stayed further proceedings in an …

Telangana HC Dismisses Property Purchaser's Appeal, Says Act Done In 'Wilful Disobedience' Of Injunction Order Is Liable To Be Reversed
5 months, 2 weeks ago

Telangana HC Dismisses Property Purchaser's Appeal, Says Act Done In 'Wilful Disobedience' Of Injunction Order Is Liable To Be Reversed

Live Law  

While hearing a matter concerning a property dispute, the Telangana High Court reiterated that an act which is done in violation of an injunction order is invalid and should be undone by the court putting back the parties in the same position as they were before such an order was passed. In reiterating so, the High Court dismissed an appeal …

Incapacity Of A Non-Party To Lis Can Be Equated To 'Legal Disability' Under Sections 6 & 7 Of Limitation Act: Telangana High Court
6 months, 3 weeks ago

Incapacity Of A Non-Party To Lis Can Be Equated To 'Legal Disability' Under Sections 6 & 7 Of Limitation Act: Telangana High Court

Live Law  

The Telangana High Court has held that the incapacity of a non-party to a legal proceeding can be equated to 'legal disability' under sections 6 and 7 of the Limitation Act, 1963. “The incapacity of a non-party may be equated to the legal disability under sections 6 and 7 of the Limitation Act since the absence of lack of knowledge …

Supreme Court Says Telangana Governor's MLC Nominations Will Be Subject To Outcome Of BRS Leaders' Petition
7 months, 1 week ago

Supreme Court Says Telangana Governor's MLC Nominations Will Be Subject To Outcome Of BRS Leaders' Petition

Live Law  

The Supreme Court on Wednesday issued notice on a petition filed by Bharat Rashtra Samithi leaders Dasoju Sravan Kumar and Kurra Satyanarayana seeking to prevent the Telangana Governor from nominating members of the State Legislative Council.While the Court declined to pass an order of status quo on the nomination of Member of Legislative Council, it clarified that. The Supreme Court …

SC Keeps Open Question of Law About Election Petitions as Remedy
10 months ago

SC Keeps Open Question of Law About Election Petitions as Remedy

Deccan Chronicle  

Hyderabad: The Supreme Court has kept open the question of law on whether filing of election petition is the only remedy for candidates, whose nomination papers are rejected by the returning officers on the grounds of clerical, typographical or technical errors and whether the writ petitions filed before the Telangana High Court regarding this are maintainable or not. The High …

Appointment Of Receiver Not A Matter Of Right, But Discretionary Relief Which May Be Ordered When Court Deems It 'Just And Convenient': Telangana HC
10 months, 2 weeks ago

Appointment Of Receiver Not A Matter Of Right, But Discretionary Relief Which May Be Ordered When Court Deems It 'Just And Convenient': Telangana HC

Live Law  

The Telangana High Court has reiterated that the appointment of 'Receiver' under Order XL Rule 1 is not a matter of right, but a discretionary relief that may be ordered by the Court, where the Court deems it to be 'just and convenient.' The order was passed by a Division Bench comprising Justice Moushumi Bhattacharya and Justice Nagesh Bheemapaka in …

Section 8 Of A& C Act Is Compiled On Filing Application Under O. 7 Rule 11, Informing About Arbitration Clause: Telangana High Court
1 year, 1 month ago

Section 8 Of A& C Act Is Compiled On Filing Application Under O. 7 Rule 11, Informing About Arbitration Clause: Telangana High Court

Live Law  

The Telangana High Court single bench of Justice Alok Aradhe held that the requirement under Section 8 of the Arbitration and Conciliation Act, 1996 to inform the court regarding the existence of an arbitration clause is fulfilled when a party files an application for rejection of plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 in …

DRT | Rejection Of Application Under Order 7 Rule 11 Will Not Operate As Res Judicata On Deciding Issue Of Limitation: Allahabad High Court
1 year, 1 month ago

DRT | Rejection Of Application Under Order 7 Rule 11 Will Not Operate As Res Judicata On Deciding Issue Of Limitation: Allahabad High Court

Live Law  

The Allahabad High Court has held that rejection of application under Order VII Rule 11 of the Civil Procedure Code will not operate as res judicata on deciding issue of limitation raised at the time of final hearing. will not operate as res judicata.” The Court reiterated that for deciding an application under Order VII Rule 11 of CPC, the …

Mere Negotiations Do Not Delay Cause Of Action For Purpose Of Limitation, Telangana High Court Dismisses Application For Appointment Of Arbitrator
1 year, 1 month ago

Mere Negotiations Do Not Delay Cause Of Action For Purpose Of Limitation, Telangana High Court Dismisses Application For Appointment Of Arbitrator

Live Law  

The Telangana High Court single bench comprising Justice CV Bhaskar Reddy held that the mere exchange of communications or settlement discussions between the parties does not extend the period of limitation for issuing a notice of arbitration. The Applicant approached the Telangana High Court and filed application under Section 11 & of the Arbitration and Conciliation Act, 1996 read with …

Mere Negotiations Will Not Postpone The Cause Of Action For Appointment Of An Arbitrator: Telangana High Court
1 year, 2 months ago

Mere Negotiations Will Not Postpone The Cause Of Action For Appointment Of An Arbitrator: Telangana High Court

Live Law  

The High Court of Telangana has held that mere negotiations between the parties related to the dispute would not delay the cause of action for the purpose of limitation for the appointment of the arbitrator. Moreover, the invocation of the arbitration is also time barred as the application as been moved after the expiry of the 3 years time period …

No Appeal Against Interim Order, says HC
1 year, 2 months ago

No Appeal Against Interim Order, says HC

Deccan Chronicle  

Hyderabad: A two-judge bench of the Telangana High Court refused to interdict an ad interim order of the single judge and ruled that such an appeal is not maintainable. Expedite arms licence hearing: HC Justice C.V. Bhaskar Reddy of the High Court of Telangana directed an expeditious hearing of the pending appeal with regard to the arms licence. HC refuses …

Supreme Court Annual Digest 2023- Code Of Civil Procedure (CPC)
1 year, 2 months ago

Supreme Court Annual Digest 2023- Code Of Civil Procedure (CPC)

Live Law  

Code of Civil Procedure, 1908 – Civil Trial - Fixing of the date of trial shall be in consultation with the learned advocates appearing for the parties to enable them to adjust their calendar. Pradeep Mehra v. Harijivan J. Jethwa, 2023 LiveLaw 936 : 2023 INSC 958 Code of Civil Procedure, 1908; Section 47 read with Order XXI - Executing …

Mutually Destructive Pleas No Ground To Reject Plaint Under Order 7 Rule 11 CPC: Telangana High Court
1 year, 3 months ago

Mutually Destructive Pleas No Ground To Reject Plaint Under Order 7 Rule 11 CPC: Telangana High Court

Live Law  

The Telangana High Court has held that a plaint cannot be rejected on the ground that inconsistent and mutually destructive pleas were sought. "Therefore, the contention that adverse possession cannot be claimed on the basis of an agreement of sale, since they are inconsistent or mutually destructive pleas, cannot be a ground to reject the plaint under Order 7 Rule …

Order VII Rule 11 | Waiting For Conclusion Of Trial To Reject Plaint Defeats Purpose Of Law: Kerala High Court
1 year, 5 months ago

Order VII Rule 11 | Waiting For Conclusion Of Trial To Reject Plaint Defeats Purpose Of Law: Kerala High Court

Live Law  

The Kerala High Court recently held that a trial judge cannot wait until conclusion of trial to decide if the plaint has to be rejected, and added that such decision should be made solely on an assessment of the plaint under Order VII Rule 11 CPC. Justice Devan Ramachandran observed that Trial judge waiting for rejecting the plaint until trial …

Vanama Rao Approaches HC, Seeks 30-Day Suspension of Judgement
1 year, 7 months ago

Vanama Rao Approaches HC, Seeks 30-Day Suspension of Judgement

Deccan Chronicle  

HYDERABAD: Disqualified Kothagudem MLA Vanama Venkateswara Rao on Wednesday filed an interim application before the High Court seeking a direction to suspend the July 25 judgment, declaring his election as void and invalid. Vanama Rao urged the court to suspend the order for 30 days, as he intends to file an appeal against the order of the High Court before …

Telangana High Court Directs Trial Court To Pass Fresh Order On Convict's Claim Of Juvenility In 2004 Rape Case, Over 13 Years After Dismissal Of SLP
1 year, 8 months ago

Telangana High Court Directs Trial Court To Pass Fresh Order On Convict's Claim Of Juvenility In 2004 Rape Case, Over 13 Years After Dismissal Of SLP

Live Law  

More than 13 years after the Supreme Court dismissed the SLP against his conviction in a rape case dating back to 2004, the Telangana High Court has directed the trial court to pass fresh order on the convict's claim of juvenility. The division bench of Justice K Lakshman and Justice Sree Sudha said the trial court shall conduct enquiry in …

In Time-Barred Appeal Under MV Act, Award Can’t Be Stayed Without First Deciding Delay Condonation Application: Andhra Pradesh High Court
1 year, 8 months ago

In Time-Barred Appeal Under MV Act, Award Can’t Be Stayed Without First Deciding Delay Condonation Application: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has held that in a time barred appeal under Section 173 of the Motor Vehicles Act before the High Court, they stay of execution of the award cannot be granted, so long as the delay condonation matter is not decided finally, in view of 2nd proviso to Section 173 of the MV Act & Order …

Local Self Govt Tribunal | Limitation Under Rule 8(3) For Filing Petitions Not Applicable To Pleas For Setting Aside Ex-Parte Order: Kerala High Court
1 year, 9 months ago

Local Self Govt Tribunal | Limitation Under Rule 8(3) For Filing Petitions Not Applicable To Pleas For Setting Aside Ex-Parte Order: Kerala High Court

Live Law  

The Kerala High Court recently enunciated that the time limit which has been fixed under Rule 8 of the Tribunal for the Local Self Government Institution Rules, 1999, is only in respect of petitions to be filed as provided in Rules 8 and 8 of the Rules, 1999 and not in respect of a petition filed in the said proceedings …

Ex-Parte Decree | Remedies Under Order 9 Rule 13 & Section 96 CPC Are Concurrent, Can Be Resorted To Simultaneously: Jammu & Kashmir High Court
1 year, 9 months ago

Ex-Parte Decree | Remedies Under Order 9 Rule 13 & Section 96 CPC Are Concurrent, Can Be Resorted To Simultaneously: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated that remedies under Order 9 Rule 13 CPC and Section 96 of the CPC, which allow for setting aside an ex parte judgment and filing an appeal, respectively, are concurrent and can be resorted to simultaneously. Elaborating on the subject the bench observed, ".The said two remedies are provided by …

Orissa High Court Sets Aside Order Pronounced ‘15 Months’ After Hearing Concluded; Says Authority May Forget Parties' Submissions After So Long
2 years ago

Orissa High Court Sets Aside Order Pronounced ‘15 Months’ After Hearing Concluded; Says Authority May Forget Parties' Submissions After So Long

Live Law  

The Orissa High Court has recently set aside an order by a Revenue Divisional Commissioner which was pronounced 15 months after hearing of the case concluded. While deprecating unreasonable delay in pronouncing verdict, a Single Bench of Justice Biswanath Rath said, “…if such mode is accepted, then disposal of such matters providing opportunity of hearing may not be a requirement …

Execution Proceedings Cannot Be Stayed If Challenge To Decree & Execution Not Before Same Court: Karnataka High Court
2 years, 1 month ago

Execution Proceedings Cannot Be Stayed If Challenge To Decree & Execution Not Before Same Court: Karnataka High Court

Live Law  

The Karnataka High Court has said that a court can exercise powers under Order 21 Rule 29 of the Code of Civil Procedure and pass order of staying the execution proceedings only if the suit challenging the decree and execution proceedings referred are pending before the same court and not before two different courts which are not of coordinate jurisdiction. …

Can't Condone Delay If Applicant Fails To Show ‘Sufficient Cause’ For The Delay: Jharkhand High Court Reiterates
2 years, 1 month ago

Can't Condone Delay If Applicant Fails To Show ‘Sufficient Cause’ For The Delay: Jharkhand High Court Reiterates

Live Law  

The Jharkhand High Court has reiterated that the court should not allow an application for condonation of delay until and unless the applicant satisfies the court that he was prevented by any ‘sufficient cause’ from prosecuting the case. While dismissing the second appeal, Justice Sanjay Kumar Dwivedi observed: “The applicant must satisfy the Court that he was prevented by. While …

Delay In Filing Appeal; Incorrect Particulars: Supreme Court Imposes Rs One Lakh Costs On UP Government For Casual Approach
2 years, 3 months ago

Delay In Filing Appeal; Incorrect Particulars: Supreme Court Imposes Rs One Lakh Costs On UP Government For Casual Approach

Live Law  

Pointing out that the State litigation cannot be so 'casual', the Supreme Court of India recently rapped the Uttar Pradesh government for filing an appeal plea quite belatedly, with incorrect particulars. "A cursory reference to the pandemic situation is baseless for the reason that no such situation was prevalent on the date of passing of the order by the High …

Supreme Court Quarterly Digest on CODE OF CIVIL PROCEDURE [July - September 2022]
2 years, 4 months ago

Supreme Court Quarterly Digest on CODE OF CIVIL PROCEDURE [July - September 2022]

Live Law  

Admiralty Act, 2017; Section 12, 14 - Code of Civil Procedure, 1908; Order 1 Rule 10, Order XLIII Rule 1 - Commercial Courts Act, 2015 - An order for addition of a party under Order 1 Rule 10 of the CPC is not appealable under section 14 of the Admiralty Act - An appeal does not lie to the Commercial …

Investigation Post Filing Application Would Not Debar Applicant From Seeking Advance Ruling: Telangana High Court
2 years, 6 months ago

Investigation Post Filing Application Would Not Debar Applicant From Seeking Advance Ruling: Telangana High Court

Live Law  

The Telangana High Court has held that the investigation post-filing of the application would not debar the applicant from seeking an advance ruling. The petitioner submitted an application for an advance ruling on 11.5.2019 on the question as to what would be the rate of tax on work contract services rendered by it to the Central Government Employees Welfare Housing …

Supreme Court Quarterly Digest 2022 - CIVIL LAW- [Jan to Mar]
2 years, 9 months ago

Supreme Court Quarterly Digest 2022 - CIVIL LAW- [Jan to Mar]

Live Law  

Code of Civil Procedure, 1908 - Appeal against High Court judgment which upheld the procedure adopted by the Execution Court that did not invite objections under Order XXI Rule 34 from Judgment debtor to draft sale deed produced by Decree holder - Allowed - Clearly contravenes the salutary provisions of Order XXI Rule 34 - The objections of the appellant …

Order 1 Rule 10 CPC | Impleadment Of Parties Need Not Be Allowed If It Would Lead To Multiplicity Of Proceedings: Telangana High Court
2 years, 10 months ago

Order 1 Rule 10 CPC | Impleadment Of Parties Need Not Be Allowed If It Would Lead To Multiplicity Of Proceedings: Telangana High Court

Live Law  

The Telangana High Court in a recent case held that the impleadment of parties was not required in the case as the parties in impleadment applications were already being effectively represented in the suit for cancellation of Sale Deed. The petitioner submitted that Respondent society without having any right and title over the schedule property, executed many sale deeds intentionally …

Execution Proceedings Not Maintainable Against Decision Of Court In A Petition Filed Under Section 34 Of The A&C Act: Telangana High Court
2 years, 11 months ago

Execution Proceedings Not Maintainable Against Decision Of Court In A Petition Filed Under Section 34 Of The A&C Act: Telangana High Court

Live Law  

The Telangana High Court has held that a Civil Court does not have the power to modify an arbitral award in an application filed under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral award. Constructions filed an Execution Petition before the District Court seeking execution of the order passed modifying the arbitral award under …

If Ground Of Delay In Filing S.138 NI Act Complaint Is Raised For First Time In Appeal, Case May Be Remanded Back For Consideration U/S 142(b): Karnataka HC
2 years, 11 months ago

If Ground Of Delay In Filing S.138 NI Act Complaint Is Raised For First Time In Appeal, Case May Be Remanded Back For Consideration U/S 142(b): Karnataka HC

Live Law  

The Karnataka High Court has said that if a party, opposing the proceedings instituted under Section 138 of the Negotiable Instruments Act, fails to raise the ground of delay in filing the complaint before the court of first instance, the Court in Appeal is empowered to remand the matter back for fresh consideration on the issue of condonation of delay …

Application To Correct Decree Can Be Maintained Only Before High Court Once Trial Decree Merges With HC Judgment: Supreme Court
3 years, 1 month ago

Application To Correct Decree Can Be Maintained Only Before High Court Once Trial Decree Merges With HC Judgment: Supreme Court

Live Law  

The Supreme Court has observed that in cases where the decree passed by the trial court merges with judgment and decree passed by the High Court, then the application for correction of decree can only be maintained before the High Court where the decree was confirmed.The bench of Justices AM Khanwilkar and CT Ravikumar was considering SLP assailing Karnataka High …

NIA Act, 2008-Supreme Court To Consider Plea By Kin Of 2007 Mecca Masjid Mosque Bomb Challenging Proviso To Section 21(5)
3 years, 2 months ago

NIA Act, 2008-Supreme Court To Consider Plea By Kin Of 2007 Mecca Masjid Mosque Bomb Challenging Proviso To Section 21(5)

Live Law  

The Supreme Court today considered the Special Leave Petition filed by the kin of 2007 Mecca Masjid Mosque Bomb blast seeking to declare proviso to section 21 of the NIA Act, 2008 as arbitrary, illegal and violative of Article 14 and 21 of the Constitution of India.The bench of Justices SK Kaul and MM Sundresh while granting leave in their …

'No Explanation' : Supreme Court Sets Aside HC Order Condoning Delay Of 1011 Days In Filing Second Appeal
3 years, 3 months ago

'No Explanation' : Supreme Court Sets Aside HC Order Condoning Delay Of 1011 Days In Filing Second Appeal

Live Law  

While observing that the High Court has not exercised its discretion judiciously, the Supreme Court of India has set aside a High Court's order condoning a huge delay of 1011 days in preferring a second appeal in a case where no sufficient or satisfactory explanation has been given.A Bench comprising Justice MR Shah and Justice BV Nagarathna issued the direction …

Time Period Spent In Prosecuting SLP Would Be Good Ground For Condoning Delay In Filing A Review Application Before High Court: Supreme Court
3 years, 3 months ago

Time Period Spent In Prosecuting SLP Would Be Good Ground For Condoning Delay In Filing A Review Application Before High Court: Supreme Court

Live Law  

The Supreme Court on Monday observed that despite some delay on appellant's part, the time period spent in prosecuting a Special Leave Petition would be a good ground for condonation of delay in filing a review application before the High Court.The bench of Justices SK Kaul and MM Sundresh in their order said, "We are of the view that it …

Writ Jurisdiction Cannot Be Utilised By A Litigant Only To Take Chance: Supreme Court
4 years, 2 months ago

Writ Jurisdiction Cannot Be Utilised By A Litigant Only To Take Chance: Supreme Court

Live Law  

"In our view, the extraordinary writ jurisdiction cannot be utilised by a litigant only to take chance and then to seek recourse to the other remedy after failing in its attempt on the basic merits of the case before the High Court", the Supreme Court remarked in a judgment delivered on Wednesday.The bench comprising Justices AM Khanwilkar and Dinesh Maheshwari …

[Section 25 CPC] No Petition Can Be Transferred From One Court To Another On The Sole Ground Of Delay In Disposal: SC [Read Order]
4 years, 6 months ago

[Section 25 CPC] No Petition Can Be Transferred From One Court To Another On The Sole Ground Of Delay In Disposal: SC [Read Order]

Live Law  

No petition can be transferred from one court to another on the sole ground of delay in disposal, the Supreme Court observed while dismissing a transfer petition.In this case, the petitioner sought the transfer of a writ appeal filed in 2016 before the Telangana High Court to the High Court of Delhi. No petition can be transferred from one court …

'Matter Needs Early Decision By HC' : SC Says While Declining To Entertain Plea Against Andhra Pradesh HC's Stay On Three Capital Law
4 years, 6 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 …

HC Cannot Disregard Statutory Limitation Period To Entertain Writ Petition Challenging Order Passed By Statutory Authority: SC [Read Judgment]
4 years, 10 months ago

HC Cannot Disregard Statutory Limitation Period To Entertain Writ Petition Challenging Order Passed By Statutory Authority: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a High Court cannot disregard the statutory limitation period to entertain writ petition assailing orders passed by statutory authorities which were not appealed against before the expiry of the maximum limitation period. Therefore, the issue before the Apex Court in the appeal filed by Revenue was whether the High Court in exercise of its …

Telangana govt appeals against HC order
5 years, 2 months ago

Telangana govt appeals against HC order

Deccan Chronicle  

HYDERABAD: The Telangana government on Wednesday filed a writ appeal challenging orders of Justice P. Naveen Rao keeping on hold the election process in Karimnagar Municipal Corporation till rectification of irregularities in voter lists and resolving of errors in delimitation carried out in ward numbers 3, 24 and 25 of the corporation. Justice Naveen Rao had issued a directive to …

Telangana gets High Court nod to hold civic polls
5 years, 2 months ago

Telangana gets High Court nod to hold civic polls

Deccan Chronicle  

Hyderabad: Stating that it has not found any reason in the plea of TPCC president N. Uttam Kumar Reddy’s plea requesting to stay the election notification for 120 municipalities and 10 municipal corporations, the Telangana High Court on Tuesday allowed the State Election Commission to go ahead with conducting elections to urban local bodies, as per the notice issued on …

Lawyers Strike : SC Seeks Report From Orissa HC On Measures To Access CJ Court For Those Willing To Appear [Read Order]
5 years, 5 months ago

Lawyers Strike : SC Seeks Report From Orissa HC On Measures To Access CJ Court For Those Willing To Appear [Read Order]

Live Law  

Taking note of the fact that the lawyers at Orissa have been boycotting the court of Chief Justice of the high court, the Supreme Court today issued notices on a transfer petition, calling for a report on the matter from the High Court Registrar on the measures taken to ensure access the court of Chief Justice for advocates willing to …

Telangana High Court to hear oustees’ relief pleas individually
5 years, 6 months ago

Telangana High Court to hear oustees’ relief pleas individually

Deccan Chronicle  

Hyderabad: The Green Bench of the Telangana High Court has closed all interim applications, including interim orders issued in writ petitions filed by project-affected persons who had challenged the construction of irrigation projects because the government had not paid them the required compensation or provided rehabilitation and re-settlement packages. On May 16, the vacation bench headed by then Acting Chief …

Telangana High Court stalls notification for polls to 3 ‘defectors’ seats
5 years, 10 months ago

Telangana High Court stalls notification for polls to 3 ‘defectors’ seats

Deccan Chronicle  

Hyderabad: The Telangana High Court on Thursday directed the Election Commission not to issue the election notification up to May 15 for three Legislative Council seats from the local bodies quota, which are pending before it for adjudication. The court is yet to give a final order on the validity of the orders issued by the Legislative Council Chairman disqualifying …

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