Supreme Court Seeks Explanation From Registry On Why Counter Affidavit Filed By Non-Party Was Accepted
Trending News
1 month, 3 weeks ago

Supreme Court Seeks Explanation From Registry On Why Counter Affidavit Filed By Non-Party Was Accepted

Live Law  

The Supreme Court on November 14 sought an explanation from the Registrar how a party was able to file a counter-affidavit when its application seeking impleadment was not allowed by the Court. A bench of Justices Bela M. Trivedi and Satish Chandra Sharma was hearing a Special Leave Petition filed against the May 17 order of the Punjab & Haryana High Court rejection of the anticipatory bail of the petitioner for the offences under Sections 324 read with 34 and Sections 323 and 326 of the Indian Penal Code. A vacation bench of Justices Aravind Kumar and Sandeep Mehta on June 7 had granted interim anticipatory bail to the petitioner in connection with FIR No.07/2024 dated February 17. On this, the Court observed: "Registry is directed to explain as to how, such counter affidavit from the proposed respondent complainant, who is not a party, could be accepted."

Court Complainant Counter Affidavit  court  nonparty  order  complainant  read  registry  counter  accepted  sharma  seeking  supreme  filed  aor  affidavit  seeks  sections  explanation  punjab  advocate

History of this topic

Kerala Women's Commission Supports Registration Of FIRs On Statements Before Justice Hema Committee, Files Affidavit In Supreme Court
1 month, 2 weeks ago

Kerala Women's Commission Supports Registration Of FIRs On Statements Before Justice Hema Committee, Files Affidavit In Supreme Court

Live Law  

The Supreme Court is set to hear a petition challenging the Kerala High Court's direction to the police to register FIRs on statements made by women actors to the Justice Hema Committee regarding the abuses they faced in the Malayalam cinema industry on November 25, in which the Kerala Women's Commission has recently filed a counter affidavit.The Commission has filed …

Sworn Affidavit Compulsory Along With Private Complaint: Karnataka High Court Reiterates
1 month, 3 weeks ago

Sworn Affidavit Compulsory Along With Private Complaint: Karnataka High Court Reiterates

Live Law  

The Karnataka High Court has reiterated that a person filing a private complaint before the Magistrate court has to file a sworn affidavit in support of the complaint. A Single judge, Justice Mohammad Nawaz, held thus while allowing a petition filed by Parvati Sharanappa and another person and quashed the FIR and private complaint initiated by Rayappa Jangali against them …

Supreme Court Seeks Explanation From Registry On Why Counter Affidavit Filed By Non-Party Was Accepted
1 month, 3 weeks ago

Supreme Court Seeks Explanation From Registry On Why Counter Affidavit Filed By Non-Party Was Accepted

Live Law  

The Supreme Court on November 14 sought an explanation from the Registrar how a party was able to file a counter-affidavit when its application seeking impleadment was not allowed by the Court. A bench of Justices Bela M. Trivedi and Satish Chandra Sharma was hearing a Special Leave Petition filed against the May 17 order of the Punjab & Haryana …

SC asks Centre to apprise about compliance of 2021 verdict on welfare measures for migrant workers
4 months, 1 week ago

SC asks Centre to apprise about compliance of 2021 verdict on welfare measures for migrant workers

The Hindu  

The Supreme Court on Monday asked the Centre to file an affidavit giving details about compliance of its 2021 judgement and subsequent directions on providing ration cards and other welfare measures to the migrant workers. The Supreme Court, in June 29, 2021 judgement and subsequent orders, had passed a slew of directions to the authorities asking them to undertake welfare …

Allahabad HC Orders Inquiry Into State's Non-Disclosure Of Key Evidence Against Mahant Accused Of Filming Women Taking Bath
4 months, 2 weeks ago

Allahabad HC Orders Inquiry Into State's Non-Disclosure Of Key Evidence Against Mahant Accused Of Filming Women Taking Bath

Live Law  

The Allahabad High Court has ordered an inquiry against the state police department, office of the Director of prosecution and office of Government Advocate over 'non-disclosure' of material facts and evidence in a case involving a Mahant, who has been accused of secretly filming women while they were taking a bath. Such duty has not been discharged by the police …

Notice Of Hearing Must Be Issued To Petitioner & Not His Counsel When Court Seeks To Grant Hearing To All Interested Parties: MP High Court
8 months ago

Notice Of Hearing Must Be Issued To Petitioner & Not His Counsel When Court Seeks To Grant Hearing To All Interested Parties: MP High Court

Live Law  

Madhya Pradesh High Court has recently underscored that notice of proceedings should have been issued to the petitioner and not his counsel in the matter. Pursuant to a High Court order, the Joint Director had decided on an earlier application of the petitioner dated 1/11/2022 and the fresh application filed by him on 28/3/2023. It was incumbent upon respondent No.2 …

Technical Deficiencies, Including Pagination And Affidavit Attestation, Do Not Render Section 34 Under A&C Act Non-Est: Delhi High Court
1 year, 1 month ago

Technical Deficiencies, Including Pagination And Affidavit Attestation, Do Not Render Section 34 Under A&C Act Non-Est: Delhi High Court

Live Law  

The High Court of Delhi has held that technical deficiencies, including pagination and affidavit attestation, do not invalidate petitions under Section 34 of the A&C Act. Subsequently, on 10.07.2019, the petitioner refiled the petition, encountering objections from the Registry, including pagination concerns, jurisdictional matters, and the attestation of affidavits. Registry objections were deemed procedural and curable, and the non-removal within …

NCLAT New Delhi: Limitation To File Appeal Commences On The Order Pronouncement Date And Not When Aggrieved Party Becomes Aware Of Its Content
1 year, 2 months ago

NCLAT New Delhi: Limitation To File Appeal Commences On The Order Pronouncement Date And Not When Aggrieved Party Becomes Aware Of Its Content

Live Law  

The National Company Law Appellate Tribunal, Principal Bench, New Delhi comprising of Justice Ashok Bhushan, Barun Mitra, and Arun Baroka, dismissed the two applications filed in Raiyan Hotels and Resorts Pvt. The Appellate Tribunal held that the Limitation for filing of the Appeal does not commence on the date when the Appellant became aware of the contents but it shall …

Refusal To Condone Delay In ITR filing , Consideration After 20 Years, Allahabad High Court Quashes Order
1 year, 3 months ago

Refusal To Condone Delay In ITR filing , Consideration After 20 Years, Allahabad High Court Quashes Order

Live Law  

The Allahabad High Court has quashed the order refusing to delay condonation in filing ITRs for lack of records after more than 20 years of filing the condonation applications.The bench of Justice Siddhartha Varma and Justice Manoj Bajaj has observed that when the delay condonation application was filed on March 30, 1998, the applications ought to have been decided within …

Counterclaims Have Independent Status, Can Continue Despite Dismissal Of Primary Suit: Jammu & Kashmir High Court
1 year, 4 months ago

Counterclaims Have Independent Status, Can Continue Despite Dismissal Of Primary Suit: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently observed that a counterclaim, once raised by a defendant, possesses an independent status and that even in cases where the primary suit is stayed, discontinued, or dismissed, the counterclaim can continue unabated. Justice Sindhu Sharma thus dismissed a revision petition challenging an order passed by the trial court which had allowed …

Supreme Court Grants Time To Delhi Police To Respond To Brinda Karat's Plea Seeking FIR Against BJP Leaders For Alleged Hate Speeches
1 year, 7 months ago

Supreme Court Grants Time To Delhi Police To Respond To Brinda Karat's Plea Seeking FIR Against BJP Leaders For Alleged Hate Speeches

Live Law  

The Supreme Court, on Monday, granted time to the Commissioner, Delhi Police to file a counter affidavit in a plea filed by Communist Party of India leader Brinda Karat seeking registration of FIR against BJP leaders Anurag Thakur and Parvesh Verma for allegedly delivering hate speeches in 2020. A bench comprising Justices KM Joseph and BV Nagarathna was considering the …

Arbitral Tribunal’s Order Rejecting Party’s Request To File Counter Claims On Ground Of Delay, Doesn’t Foreclose Its Right To Invoke Arbitration: Delhi High Court
1 year, 9 months ago

Arbitral Tribunal’s Order Rejecting Party’s Request To File Counter Claims On Ground Of Delay, Doesn’t Foreclose Its Right To Invoke Arbitration: Delhi High Court

Live Law  

The Delhi High Court has ruled that the Arbitral Tribunal’s order rejecting a party’s request to file counter claims on the ground of delay, does not foreclose its right to invoke arbitration seeking independent reference of its claims. In a petition filed by the respondent under Section 11 of the Arbitration and Conciliation Act, 1996 before the Delhi High Court, …

Kaali Poster Row : Supreme Court Extends Interim Protection To Filmmaker Leena Manimekalai
1 year, 10 months ago

Kaali Poster Row : Supreme Court Extends Interim Protection To Filmmaker Leena Manimekalai

Live Law  

The Supreme Court of India directed the state governments to file counter affidavits in the matter concerning multiple FIRs registered against filmmaker Leena Manimekalai in various states over the poster of her documentary titled "Kaali". Through the interim order, the court had directed that no coercive steps shall be taken against the filmmaker either on the basis of the FIRs …

Senior Designation: Supreme Court To Commence Hearing Of Plea Seeking Reforms On 22nd February, 2023
1 year, 10 months ago

Senior Designation: Supreme Court To Commence Hearing Of Plea Seeking Reforms On 22nd February, 2023

Live Law  

On Thursday, the Supreme Court indicated that it is to commence with the hearing of the petition filed by Senior Advocate Indira Jaising seeking reforms in the process of designation of Senior Advocate on Wednesday. Senior Advocate, Mr. Vikas Singh appearing for the Supreme Court Bar Association and Senior Advocate, Mr. Aman Lekhi appearing for the Supreme Court Advocate-on-Record Association …

Plea Challenging Compulsory Tamil Subject In Class 10 : Supreme Court Grants Last Opportunity To TN Govt To File Counter
2 years ago

Plea Challenging Compulsory Tamil Subject In Class 10 : Supreme Court Grants Last Opportunity To TN Govt To File Counter

Live Law  

The Supreme Court, on Tuesday, granted final opportunity to the State of Tamil Nadu to file response in a plea challenging the order of the Madras High Court, that refused to quash the Government Order of 2014, which made Tamil paper compulsory in Class 10 State Board exam for all students. Thereafter, it granted the last opportunity to the State …

HC gives last chance to TS govt to file counter affidavit in Raja Singh arrest case
2 years, 2 months ago

HC gives last chance to TS govt to file counter affidavit in Raja Singh arrest case

Deccan Chronicle  

Hyderabad: A division bench of the Telangana High Court has given a last chance to the state government to file a counter affidavit in the writ petition filed by BJP Goshamala MLA T. Raja Singh's wife, challenging his arrest under PD Act. The division bench of Justice Abhishek Reddy and Justice G. Sridevi, hearing the Habeas Corpus petition filed by …

Order VIII Rule 6A CPC - No Bar In Taking On Record A Counter Claim Filed Long After Filing Of Written Statement But Before Framing Of Issues: Supreme Court
2 years, 2 months ago

Order VIII Rule 6A CPC - No Bar In Taking On Record A Counter Claim Filed Long After Filing Of Written Statement But Before Framing Of Issues: Supreme Court

Live Law  

The Supreme Court observed that there is no bar in taking on record a counter claim filed long after filing of written statement but before framing of issues.In this case, the counter-claim in question was filed nearly 13 years after filing of the written statement. The Supreme Court observed that there is no bar in taking on record a counter …

Arbitration Clause In An Unregistered But Compulsorily Registrable Document Can Be Enforced: Uttarakhand High Court Reiterates
2 years, 3 months ago

Arbitration Clause In An Unregistered But Compulsorily Registrable Document Can Be Enforced: Uttarakhand High Court Reiterates

Live Law  

The Uttarakhand High Court recently observed that an arbitration agreement does not require registration under the Registration Act. Relying on the Supreme Court's findings in SMS Tea Estates Private Limited v. Chandmari Tea Company Private Limited, 14 SCC 66, a bench comprising Chief Justice Vipin Sanghi reiterated: "Even if it is found as one of the clauses in a contract …

Supreme Court Defers Hearing Of Plea Seeking Minority Status For Hindus In Some States At Centre's Request; To Be Heard On Oct 19th
2 years, 4 months ago

Supreme Court Defers Hearing Of Plea Seeking Minority Status For Hindus In Some States At Centre's Request; To Be Heard On Oct 19th

Live Law  

The Supreme Court, on Tuesday, deferred the hearing of the plea seeking minority status for Hindus in States where they are numerically less in number by six weeks, at the request of the Union Government. The Central Government had filed an affidavit on 29th August, 2022, stating that it has already held meetings with the State governments of Nagaland, Punjab, …

Kerala High Court Directs Registry To Accept Counter Affidavit Without Insisting On Its English Translation
2 years, 5 months ago

Kerala High Court Directs Registry To Accept Counter Affidavit Without Insisting On Its English Translation

Live Law  

The Kerala High Court on Tuesday directed the Registry to accept a counter affidavit in a case without insisting on an English translation of the same. This direction assumes significance since less than a month ago, another Bench of the Court had prohibited the Registry from accepting writ petitions with vernacular documents if not accompanied by an English translation.In that …

Mathura: Allahabad High Court stays proceedings in trial court in Shri Krishna birthplace case
2 years, 5 months ago

Mathura: Allahabad High Court stays proceedings in trial court in Shri Krishna birthplace case

Firstpost  

Justice Salil Kumar Rai passed the order in a petition filed by UP Sunni Central Waqf Board challenging the judgement and order dated 19 May, 2022 passed by the Mathura District Judge Prayagraj: The Allahabad High Court on Wednesday stayed the proceedings in a case at a trial court which sought permission for devotees of Shri Krishna to allow worship …

Litigant Should Not Be Penalised For Advocate's Misconduct: Calcutta HC Condones 9 Yrs Delay In Filing Revision Plea, Imposes ₹10K Cost
2 years, 7 months ago

Litigant Should Not Be Penalised For Advocate's Misconduct: Calcutta HC Condones 9 Yrs Delay In Filing Revision Plea, Imposes ₹10K Cost

Live Law  

The Calcutta High Court on Thursday opined that a litigant should not be penalised for the misconduct of his advocate and accordingly allowed an application seeking condonation of delay of about 9 years and 4 months in filing the revision petition.The counsel appearing for the petitioner submitted before Justice Kaushik Chanda that the petitioner had not been informed by his …

"Party Should Not Suffer Due to Inaction of the Advocate": Gujarat HC Condones Delay of 3330 Days In Filing Written Statement
2 years, 8 months ago

"Party Should Not Suffer Due to Inaction of the Advocate": Gujarat HC Condones Delay of 3330 Days In Filing Written Statement

Live Law  

"It is trite law that a party should not suffer due to the in action on the part of the advocate and that the matter should be decided on merits rather than on technical ground", the Gujarat High Court has affirmed while hearing a petition under Art 227 to open the right to file written statement which was closed on …

SC to hear on May 10 pleas challenging validity of penal law on sedition
2 years, 8 months ago

SC to hear on May 10 pleas challenging validity of penal law on sedition

Deccan Chronicle  

New Delhi: The Supreme Court on Thursday said it would hear arguments on May 10 on the legal question whether the pleas challenging the colonial era penal law on sedition be referred to a larger bench and granted time to the Centre to file its response. A special bench comprising Chief Justice N V Ramana and Justices Surya kant and …

Petition Listed After Prolonged Delay Despite Repeated Requests By Counsel; Kerala High Court Seeks Response From Registry
2 years, 10 months ago

Petition Listed After Prolonged Delay Despite Repeated Requests By Counsel; Kerala High Court Seeks Response From Registry

Live Law  

The Kerala High Court on Monday directed its Registrar to explain why a couple of writ petitions were not listed before a Bench on time despite all the defects being cured and recurring requests from the counsel for the petitioner. Jayasankaran Nambiar and Justice Mohammed Nias C.P sought a response from the Registry having found force in the submission of …

'Feel Very Strongly About It' : Supreme Court Takes Objection To Centre Saying That A Judgment Recorded Submissions Which Weren't Made
2 years, 10 months ago

'Feel Very Strongly About It' : Supreme Court Takes Objection To Centre Saying That A Judgment Recorded Submissions Which Weren't Made

Live Law  

The Supreme Court on Monday took strong objection to an application for clarification filed by the Centre's police agencies, urging that some of the submissions which were recorded in the judgment and on the basis of which the Court had proceeded were never advanced by them. At the outset, on Monday, Justice Chandrachud put to Additional Solicitor General Madhavi Diwan, …

Supreme Court Imposes ₹7,500 Cost On Centre Over Failure To File Counter Affidavit Despite Repeated Opportunities
2 years, 11 months ago

Supreme Court Imposes ₹7,500 Cost On Centre Over Failure To File Counter Affidavit Despite Repeated Opportunities

Live Law  

On Monday, the Supreme Court granted four weeks as last opportunity to the Union Government to file its counter affidavit in a PIL challenging validity of Section 2 of the National Commission for Minority Education Institution Act 2004, for failing to recognise minorities at state level. Sundresh observed that after it issued notice in the matter on 28.08.2020, the Union …

Supreme Court Instructs Registry To Expedite Verification And Listing Process Of Petitions Where Parties Appear In Person
3 years ago

Supreme Court Instructs Registry To Expedite Verification And Listing Process Of Petitions Where Parties Appear In Person

Live Law  

On Monday, the Supreme Court instructed its Registry to expeditiously list matters which are to be presented by parties appearing in person, after verifying at the earliest, whether they are in a position to address the Court. Referring to his petition, the Petitioner pointed out that as per the response of the Registry of the Supreme Court to an RTI …

Complaint U/S 138 NI Act- "Accused Can Be Summoned Even On The Basis Of Affidavit Filed By Complainant": Allahabad HC
3 years, 1 month ago

Complaint U/S 138 NI Act- "Accused Can Be Summoned Even On The Basis Of Affidavit Filed By Complainant": Allahabad HC

Live Law  

The Allahabad High Court on Wednesday observed that in a cheque bounce case for insufficient funds, even on the basis of affidavit filed on behalf of the complainant, an accused can be summoned by the Court.The Bench of Justice Sameer Jain further held that in such cases, there is no need for the Magistrate to record statements of witnesses under. …

Section 202(2) CrPC Inapplicable To Complaints Under Section 138 NI Act In Respect Of The Examination Of Witnesses On Oath: Supreme Court
3 years, 1 month ago

Section 202(2) CrPC Inapplicable To Complaints Under Section 138 NI Act In Respect Of The Examination Of Witnesses On Oath: Supreme Court

Live Law  

The Supreme Court reiterated that the Section 202 CrPC is inapplicable to complaints under Section 138 in respect of the examination of witnesses on oath. "If the Magistrate holds an inquiry himself, it is not compulsory that he should examine witnesses and in suitable cases the Magistrate can examine documents to be satisfied that there are sufficient grounds for proceeding …

Long Pending Criminal Appeal At Allahabad HC: Supreme Court Asks UP Govt To File Affidavit Through A 'Responsible Officer' On The Timeline Of Proceedings
3 years, 3 months ago

Long Pending Criminal Appeal At Allahabad HC: Supreme Court Asks UP Govt To File Affidavit Through A 'Responsible Officer' On The Timeline Of Proceedings

Live Law  

The Supreme Court on Wednesday required the state of UP to file an affidavit before it in 2 days through a "responsible officer" in its Home department indicating how many times a 2016 criminal appeal was listed before the Allahabad High Court, how many times an adjournment was sought by the appellant, whether the matter reached for hearing or not, …

Narada Case : Supreme Court Asks WB Govt, CM Mamata Banerjee & Law Minister To File Applications Before Calcutta High Court To Accept Their Affidavits
3 years, 6 months ago

Narada Case : Supreme Court Asks WB Govt, CM Mamata Banerjee & Law Minister To File Applications Before Calcutta High Court To Accept Their Affidavits

Live Law  

The Supreme Court on Friday directed the State of West Bengal, West Bengal Chief Minister Mamata Banerjee, and the State Law Minister Moloy Ghatak - who are challenging the refusal of the Calcutta High Court to accept their affidavits filed in the Narada case - to file an application before the High Court stating the reasons for not filing such …

Advocate's Clerks Cannot File Affidavits On Behalf Of Parties On Original Side : Orissa High Court
3 years, 6 months ago

Advocate's Clerks Cannot File Affidavits On Behalf Of Parties On Original Side : Orissa High Court

Live Law  

Reiterating the significance of personal affidavits of parties and their ensuing probative value in smooth administration of justice, the Orissa High Court has held that the practice of Advocate's clerks filing affidavits on behalf of parties is unacceptable. "Given the fact that a clerk has no means of having any personal knowledge or belief with respect to the facts in …

Supreme Court Grants 'One Last Opportunity' To Gujarat Govt. To File Reply In Appeal Against Bail To Accused Of Murder Of A Scheduled Caste Youth
4 years, 1 month ago

Supreme Court Grants 'One Last Opportunity' To Gujarat Govt. To File Reply In Appeal Against Bail To Accused Of Murder Of A Scheduled Caste Youth

Live Law  

"Learned counsel for the State prays for and is granted one week time, as a last opportunity, to file counter affidavit", ordered the bench of Justices Ashok Bhushan, R. Subhash Reddy and M. R. Shah. The bench listed the matter after a week., Justice Shah asked the counsel appearing for Gujarat government as to why the state has not filed …

AP HC Expresses Displeasure At Govt. Practice Of Filing Counter-Affidavit Through Officer Of Lowest Rank, Separate Replies By Each Dept./Authority In Same WP [Read Order]
4 years, 6 months ago

AP HC Expresses Displeasure At Govt. Practice Of Filing Counter-Affidavit Through Officer Of Lowest Rank, Separate Replies By Each Dept./Authority In Same WP [Read Order]

Live Law  

The Andhra Pradesh High Court on Tuesday directed that whenever the State Government is joined as a party to a writ petition, though through several Departments and Authorities, one consolidated counter-affidavit of the State Government must come on record, and that too through the Officer in-charge of the case, as appointed by the Government. "It is very unfortunate that whenever …

[Order VIII Rule 6A CPC] Counter Claim Cannot Be Filed After Framing Of Issues: SC [Read Order]
4 years, 11 months ago

[Order VIII Rule 6A CPC] Counter Claim Cannot Be Filed After Framing Of Issues: SC [Read Order]

Live Law  

The Supreme Court has reiterated that a counter-claim cannot be filed after the issues are framed. The Court, while dismissing a Special Leave Petition, which raised this sole legal issue, referred to its last year judgment in Ashok Kumar Kalra vs. Wing Cdr. In Ashok Kumar Kalra, it was held that a Court can exercise its discretion and permit the …

Affidavit For Admission/Denial Of Documents in Commercial Suits Must Be Filed Within 45 Days: Delhi HC [Read Judgment]
5 years, 2 months ago

Affidavit For Admission/Denial Of Documents in Commercial Suits Must Be Filed Within 45 Days: Delhi HC [Read Judgment]

Live Law  

Delhi High Court has held that the maximum period for filing reapplication or an affidavit for admission/denial of documents is 45 days and the same has to be mandatory followed. In the present application, the Petitioner had challenged the order of the Joint Registrar which had disallowed the Petitioner to file an affidavit for admission/denial of documents after the termination …

Discover Related