Decree Is Ex-Parte In Nature If Defendant Could Not Adduce Evidence After Filing Written Statement: Andhra Pradesh High Court
2 years, 7 months ago

Decree Is Ex-Parte In Nature If Defendant Could Not Adduce Evidence After Filing Written Statement: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently set aside a decree and judgment which was ex-parte in nature as the defendant could not adduce evidence during trial due to ill health. "the impugned decree and judgment are only ex- parte in nature since the evidence of defendant was not adduced in this case and he failed to attend the Court…So there is no demure that in the instant case also the decree and judgment are ex-parte though the trial Court rendered an elaborate judgment. It that case, it was held that since the defendant's evidence was not adduced, the decree passed was only an ex-parte decree and can be set aside under Order 9 Rule 13 of CPC. Thus, an opportunity in the present facts should be given to the defendant to contest the suit by setting aside the impugned judgment and decree which was ex parte in nature, Court said.

Judgment Evidence Court Case Suit Defendant Decree  statement  written  filing  judgment  court  suit  exparte  decree  filed  high  nature  trial  pradesh  defendant  evidence  case

History of this topic

Karnataka High Court Admits Appeal Filed By ED Against Order Quashing Case Against Former MUDA Commissioner
1 week, 1 day ago

Karnataka High Court Admits Appeal Filed By ED Against Order Quashing Case Against Former MUDA Commissioner

Live Law  

The Karnataka High Court on Monday admitted the appeal filed by Enforcement Directorate challenging an order of the single judge which had allowed the petition filed by former Commissioner of Mysore Urban Development Authority, Dr Natesha D B, during whose tenure alleged illegal allotment of land sites was made to Chief Minister Siddaramiah's wife Paravathi. The single judge bench had …

Andhra Pradesh VAT Act | Pleadings On Suppression Of Material Facts, Wilful Evasion Of Tax Are Sine Qua Non For Invoking S.21(5): High Court
1 month, 1 week ago

Andhra Pradesh VAT Act | Pleadings On Suppression Of Material Facts, Wilful Evasion Of Tax Are Sine Qua Non For Invoking S.21(5): High Court

Live Law  

The Andhra Pradesh High Court has held that pleadings relating to suppression of material facts, in an assessment order are the sine qua non for invoking section 21; by way of which limitation for filing an assessment order is extended to 6 years from 4 years. "There is nowhere any mention of suppression of facts, much less, wilful suppression of …

Life Sentence and Conviction of Farmer Set Aside
1 month, 2 weeks ago

Life Sentence and Conviction of Farmer Set Aside

Deccan Chronicle  

Hyderabad: A two-judge panel of the Telangana High Court set aside the conviction and life sentence of a farmer in a case involving dowry harassment and alleged murder of his wife. The panel, comprising Justice P. Sam Koshy and Justice Namavarapu Rajeshwar Rao, held that the trial was vitiated due to the appellant’s lack of effective legal representation, violating his …

Interim Orders Affecting Substantial Rights Of Parties And Causing Prejudice Are Appealable While Writ Petition Is Pending: Kerala HC
1 month, 2 weeks ago

Interim Orders Affecting Substantial Rights Of Parties And Causing Prejudice Are Appealable While Writ Petition Is Pending: Kerala HC

Live Law  

The Kerala High Court has reiterated that interim orders that affect the substantial rights and liabilities of the parties and cause significant prejudice, are appealable during the pendency of the writ petition under Section 5 of the Kerala High Court Act, 1958. Such an order, touching upon the substantial rights and liabilities of the parties and causing substantial prejudice to …

Arbitral Tribunal Not Bound By Strict Rigors Of CPC, Amendment Permissible At Any Stage Of Proceedings: Jharkhand High Court
1 month, 2 weeks ago

Arbitral Tribunal Not Bound By Strict Rigors Of CPC, Amendment Permissible At Any Stage Of Proceedings: Jharkhand High Court

Live Law  

The Jharkhand High Court Bench of Justice Gautam Kumar Choudhary has held that the power under Articles 226 and 227 of the Constitution can be invoked for interfering with an interim order only in exceptionally rare cases. Additionally, the court held that Arbitral Tribunals are not bound by the strict rigours of CPC and an amendment is permissible at any …

Civil Revisional Pleas Should Not Be Entertained Against Ex-Parte Orders Of Debt Recovery Tribunal: Andhra Pradesh High Court
1 month, 3 weeks ago

Civil Revisional Pleas Should Not Be Entertained Against Ex-Parte Orders Of Debt Recovery Tribunal: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has clarified that an aggrieved individual can appeal against 'any order' passed by the Debt Recovery Tribunal before the Appellate Tribunal as per section 20 of the Recovery of Debts and Bankruptcy Act, 1993 and that civil revisional petitions should not be entertained for the same. A Division Bench of Justice Ravi Nath Tilhari and …

Special Circumstances Different from Sufficient Case: Telangana HC
2 months ago

Special Circumstances Different from Sufficient Case: Telangana HC

Deccan Chronicle  

Hyderabad: Justice K. Lakshman of the Telangana High Court drew attention to the statutory difference between “special circumstances” and “sufficient cause” while dealing with a petition seeking to defend a summary suit. A retired employee Vengala Ramanaiah of Karimnagar filed a civil suit against another retired employee V. Vijaya Maruti Prasad for the recovery of `16,85,260 with future interest at …

Supreme Court Monthly Digest- November 2024 With Statute And Subject Wise Index
2 months, 1 week ago

Supreme Court Monthly Digest- November 2024 With Statute And Subject Wise Index

Live Law  

Adverse Possession The dispute involved the ownership and possession of land claimed by the respondents based on revenue records and challenged by the appellants on the grounds of adverse possession. Ramakant Ambalal Choksi v. Harish Ambalal Choksi, 2024 LiveLaw 939 Order 39 and 43 - Temporary Injunction - Appeal from orders - High Courts must not substitute their views for …

ADJ Expected To Not Only Apply His Mind But Also Deal With Arguments Of Parties Before Returning Findings: Allahabad High Court
2 months, 2 weeks ago

ADJ Expected To Not Only Apply His Mind But Also Deal With Arguments Of Parties Before Returning Findings: Allahabad High Court

Live Law  

While dealing with a case under Article 227 of the Constitution, the Allahabad High Court has observed a judge of the rank of Additional District and Sessions Judge is expected not only to apply his judicial mind but also deal with the arguments of the parties before returning any findings. Holding that revision is to be treated as an appeal …

ADJ Expected To Not Only Apply His Mind But Also Deal With Arguments Of Parties Before Returning Findings: Allahabad High Court
2 months, 2 weeks ago

ADJ Expected To Not Only Apply His Mind But Also Deal With Arguments Of Parties Before Returning Findings: Allahabad High Court

Live Law  

While dealing with a case under Article 227 of the Constitution, the Allahabad High Court has observed a judge of the rank of Additional District and Sessions Judge is expected not only to apply his judicial mind but also deal with the arguments of the parties before returning any findings. Holding that revision is to be treated as an appeal …

Order 23 Rule 2 CPC| Limitation For Suit Instituted Afresh Applies As If Earlier Suit Was Never Filed: Jharkhand High Court
2 months, 3 weeks ago

Order 23 Rule 2 CPC| Limitation For Suit Instituted Afresh Applies As If Earlier Suit Was Never Filed: Jharkhand High Court

Live Law  

The Jharkhand High Court has under Order 23 Rule 2 of the Civil Procedure Code, the limitation period for a fresh suit instituted with court permission applies as if the original suit had never been filed. Order 23 CPC pertains to withdrawal and adjustment of suits wherein Rule 2 states that in any fresh suit instituted on permission granted under …

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds
3 months ago

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds

Live Law  

The Karnataka High Court on Tuesday allowed the petition filed by then Vice President and now BJP State President BY Vijayendra and quashed proceedings pertaining to an FIR registered against him for allegedly extorting money under the guise of electoral bonds. It said “The counsel being changed for qua the other accused raising different grounds that were not raised by …

[GST] Assesee Cannot File For Requisite Documents Once Plea Is Accepted And Notice Is Issued: Allahabad High Court
3 months, 1 week ago

[GST] Assesee Cannot File For Requisite Documents Once Plea Is Accepted And Notice Is Issued: Allahabad High Court

Live Law  

The Allahabad High Court has held that an assessee cannot file for the supply of requisite documents after the adjudicating body has accepted the plea placed by them and issued notice pursuant to it. Petitioner replied stating that the discrepancies pointed out were lesser than the amount calculated in the notice and filed the requisite documents. High Court Verdict The …

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024
3 months, 1 week ago

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024

Live Law  

Index Citations Ashok v. State of Uttar Pradesh, Criminal Appeal No. Case Details: Irfan Khan v. State Citation: 2024 LiveLaw 945 The Supreme Court quashed the Arms Act case against the person accused of possessing a buttondar knife. Setting aside the High Court's decision, Mehta J. in the judgment observed that "the notification whereby, a buttondar knife having blade dimensions …

Procedure Under CPC For Affixing Copy Of Summons On Door/Conspicuous Part Of Defendant's House Mandatory Not Directory: Karnataka High Court
3 months, 1 week ago

Procedure Under CPC For Affixing Copy Of Summons On Door/Conspicuous Part Of Defendant's House Mandatory Not Directory: Karnataka High Court

Live Law  

The Karnataka High Court has held that the procedure of affixing a copy of the summons on the outer door or some other conspicuous part of the housein which the defendant ordinarily resides under Order V Rule 17 CPC, if he is not available to receive it, is a mandatory procedure and not a directory procedure. The court said “The …

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC
3 months, 3 weeks ago

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC

Live Law  

The Bombay High Court ruled that when the Revenue Dept. Finding that the Authority had passed the final order after a lapse of more than 16 years from the date of CESTAT's order, the Division Bench of Justice Ashwin D. Bhobe and Justice M.S Sonak observed that such inordinate delay in the conclusion of show cause notice will surely prejudice …

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr
3 months, 3 weeks ago

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr

Live Law  

The Supreme Court on Wednesday restored the criminal proceedings initiated against Kerala MLA and former Minister Antony Raju over alleged tampering of underwear evidence in a drugs case conducted by him as a junior lawyer in 1990.A bench of Justices CT Ravikumar and Sanjay Karol held that the Kerala High Court erred in holding that the criminal proceedings were barred …

Writ Courts Shall Not Act As Court Of Appeal Against Decision Of Lower Court Or Tribunals To Correct Errors Of Fact: Bombay High Court
4 months ago

Writ Courts Shall Not Act As Court Of Appeal Against Decision Of Lower Court Or Tribunals To Correct Errors Of Fact: Bombay High Court

Live Law  

The Bombay High Court recently clarified that writ courts shall not trench upon an alternate remedy provided by statute for granting any relief, by assuming jurisdiction under Article 226 of the Constitution. Similarly, writ courts shall not act as a court of appeal against the decision of the lower court or Tribunals, to correct errors of fact, observed the Division …

When There Is No Appeal Provision Provided By Law, Judgment Made In Appeal Is Non-Est: Kerala High Court
4 months ago

When There Is No Appeal Provision Provided By Law, Judgment Made In Appeal Is Non-Est: Kerala High Court

Live Law  

The Kerala High Court stated that when there is no appeal provision given in law, then the judgment made in appeal was non-est in law and could be ignored. The Court was considering the challenge against an order issued by the Sessions Judge, dismissing Magistrate's order when there was no provision provided for appeal. When such a remedy is not …

Telangana HC Dismisses Property Purchaser's Appeal, Says Act Done In 'Wilful Disobedience' Of Injunction Order Is Liable To Be Reversed
5 months, 1 week 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 …

Karnataka High Court adjourns hearing on Yediyurappa’s plea against POCSO case on Special Public Prosecutor’s request
6 months, 2 weeks ago

Karnataka High Court adjourns hearing on Yediyurappa’s plea against POCSO case on Special Public Prosecutor’s request

The Hindu  

The High Court of Karnataka, on the request made by the Special Public Prosecutor, on Friday adjourned till September 5 further hearing on the petition filed by former Chief Minister B.S. “If Mr. Yediyurappa is destined to go to jail he will, I am ready to argue the case,” said Mr. Nagesh while pointing out that on the one hand, …

Disciplinary Proceedings Against Judicial Officer Can't Be Quashed Merely For Absence Of Affidavit Supporting Allegations: Orissa High Court
7 months ago

Disciplinary Proceedings Against Judicial Officer Can't Be Quashed Merely For Absence Of Affidavit Supporting Allegations: Orissa High Court

Live Law  

The Orissa High Court has held that disciplinary proceedings initiated against a judicial officer cannot be quashed merely because the allegations, on the basis of which the action was taken, was not supported by a duly sworn-in affidavit. The requirement for sworn affidavits and verifiable material ensures that the process is fair and that decisions are not arbitrary.” Factual Background …

Maintenance Must Be Paid From Date Of Application In Domestic Violence Cases: Andhra Pradesh High Court Reiterates
7 months, 3 weeks ago

Maintenance Must Be Paid From Date Of Application In Domestic Violence Cases: Andhra Pradesh High Court Reiterates

Live Law  

In a recent judgment, the High Court of Andhra Pradesh addressed the issue of interim maintenance in a domestic violence case, emphasizing the importance of granting maintenance from the date of application. Relying on the judgment of the Supreme Court's decision in Rajnesh v. Neha, which recommended granting maintenance from the date of application in all cases to ensure justice …

[Section 9-A CPC] Trial Court Cannot Frame Issue Which Only Disposes Of The Suit In-Part: Bombay High Court
7 months, 3 weeks ago

[Section 9-A CPC] Trial Court Cannot Frame Issue Which Only Disposes Of The Suit In-Part: Bombay High Court

Live Law  

The Bombay High Court has held that under Section 9-A CPC Act, 2018), a Trial Court cannot frame an issue which has the effect of disposing of the suit only in part. The petitioners/plaintiffs challenged the order of the Trial Court in allowing the application of respondents/defendants to frame a preliminary issue of limitation under Section 9-A CPC in the …

Important MCQ's Based On Latest Supreme Court Judgments For Law Examinations
8 months ago

Important MCQ's Based On Latest Supreme Court Judgments For Law Examinations

Live Law  

The Court called on a Public Servant under Section 319 CrPC without following the mandatory requirement of prior sanction to prosecute the public servant for the offence committed under the Prevention of Corruption Act, 1988. PC Act | Sanction Necessary To Summon Public Servant As Additional Accused As Per S.319 CrPC: Supreme Court Q 2. d. Both and Answer: Option …

[Order VI Rule 17 CPC] Amendment Of Pleadings Permissible After Commencement Of Trial If Necessary For Arriving At A Just Conclusion: Patna High Court
9 months ago

[Order VI Rule 17 CPC] Amendment Of Pleadings Permissible After Commencement Of Trial If Necessary For Arriving At A Just Conclusion: Patna High Court

Live Law  

The Patna High Court has held that amendment of pleadings under Order VI Rule 17 of Code of Civil Procedure, 1908 could be allowed even after the commencement of the trial, if the amendments sought are necessary for effective adjudication of controversy between the parties. Justice Arun Kumar Jha was considering the case of the petitioner/plaintiff whose amendment petition was …

Andhra Pradesh & Telangana High Court Weekly Round-Up: May 20 - May 26, 2024
9 months, 2 weeks ago

Andhra Pradesh & Telangana High Court Weekly Round-Up: May 20 - May 26, 2024

Live Law  

Nominal index: Mir Sadath Ali vs. Joint Collector, Ranga Reddy District & Ors 2024 LiveLaw 82 Maddikunta Narsimha Rao vs M. Chandra Shekar and four others 2024 LiveLaw 83 Smt Haneefa Bee vs. Mohd Nizam & Ors. Naveditha Manvikar 2024 LiveLaw 86 The Oriental Insurance Company Limited v Smt Chukkala Eshwari and Others 2024 LiveLaw 38 Report: Telangana High Court …

Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]
10 months, 1 week ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]

Live Law  

SUPREME COURT WEEKLY DIGEST APRIL 2024 PART 1 Citations 2024 LiveLaw 269 to 2024 LiveLaw 290 Abuse of Process of Law Abuse of process of law – Collusion between parties in tender process – Held, respondent no. Pankaj Singh v. State of Haryana, 2024 LiveLaw 274 Criminal procedure Code 1973; Section 439 and National Investigation Agency Act, 2008; Section 21 …

[Income Tax Act] Supreme Court Decision In UOI v. Ashish Agarwal Applicable To Parties Who Challenged Notice U/S 148: Allahabad High Court
10 months, 3 weeks ago

[Income Tax Act] Supreme Court Decision In UOI v. Ashish Agarwal Applicable To Parties Who Challenged Notice U/S 148: Allahabad High Court

Live Law  

The Allahabad High Court has held that Supreme Court in Union of India v. Ashish Agarwal had not issued a general mandamus quashing all notices issued under Section 148 of the Income Tax Act, 1961. In Union of India v. Ashish Agarwal, the Union Government had challenged the order of the Allahabad High Court quashing the reassessment notices issued by …

[NI Act] MP High Court Refuses Permission To Rectify Incorrect Mention Of Cheque Dates In Complaint, Says It's A Substantial Defect
11 months, 2 weeks ago

[NI Act] MP High Court Refuses Permission To Rectify Incorrect Mention Of Cheque Dates In Complaint, Says It's A Substantial Defect

Live Law  

Madhya Pradesh High Court has iterated that the defect of mentioning incorrect dates of cheque in the complaint cannot be cured since there is no provision in the CrPC to amend the criminal complaint. Justice Verma, therefore, opined that the trial court had committed an error by allowing the application for making amendments to the original complaint filed under Section …

Madras High Court Removes Observation In Judgment That Origin Of Caste System Is Less Than A Century Old
1 year ago

Madras High Court Removes Observation In Judgment That Origin Of Caste System Is Less Than A Century Old

Live Law  

The Madras High court has now removed the remarks made about the origin of caste system from its recent judgement in the pleas challenging the continuation of office of Minister Udayanidhi Stalin, Minister Sekar Babu and MP A Raja. In the judgment uploaded on March 6th, Justice Anita Sumanth had observed as under, "This Court agrees unequivocally that there are …

[Order XLI Rule 17 CPC] Appeal Cannot Be Dismissed On Merits Merely Due To Non-Appearance Of Appellant: Karnataka High Court
1 year ago

[Order XLI Rule 17 CPC] Appeal Cannot Be Dismissed On Merits Merely Due To Non-Appearance Of Appellant: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that if the appellant does not appear when the appeal is called for hearing it can only be dismissed for non-prosecution and not on merits. A single judge bench of Justice G Basavaraja allowed the appeal filed by Dhanayya and his legal heirs questioning the judgment and decree dated 04.03.2017 passed by the Senior …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
1 year ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

Accused Cannot Invoke S.91 CrPC To Compel Prosecution To Produce Things At The Stage Of Framing Of Charge: Supreme Court
1 year ago

Accused Cannot Invoke S.91 CrPC To Compel Prosecution To Produce Things At The Stage Of Framing Of Charge: Supreme Court

Live Law  

Recently, the Supreme Court observed that the courts cannot issue processes under Section 91 of the Code of Criminal Procedure to compel the production of things/documents based on the application made by the accused at the stage of framing of charges. The short question before the Supreme Court was whether the accused could file an application for the production of …

'Great Sanctity For Finality Of Judgment': Madhya Pradesh High Court Refuses To Entertain Second Review Petition Arising Out Of Writ Proceedings
1 year, 1 month ago

'Great Sanctity For Finality Of Judgment': Madhya Pradesh High Court Refuses To Entertain Second Review Petition Arising Out Of Writ Proceedings

Live Law  

Noting that the 'doctrine of finality' in judgments has great sanctity, Madhya Pradesh High Court held a second review petition before it arising out of a writ matter to be non-maintainable. Afterwards, turning to the factual matrix of the case, the court proceeded to make the following observations: “…The petitioner has already exhausted remedy of writ petition, writ appeal, review …

Writ Jurisdiction Cannot Be Invoked For Execution Of Decree: Kerala High Court
1 year, 1 month ago

Writ Jurisdiction Cannot Be Invoked For Execution Of Decree: Kerala High Court

Live Law  

The Kerala High Court has made it clear that writ jurisdiction under Article 226 of the Constitution cannot be invoked for the execution of a decree when there is an alternative effective remedy to approach a competent civil court by filing an execution petition. The petitioner had approached the High Court invoking its writ jurisdiction under Article 226 of the …

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court
1 year, 1 month ago

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that in cases where an appeal against an order would lie under Section 14A of the SC/ST Act, 1989, the aggrieved person cannot invoke the inherent jurisdiction of the High Court under Section 482 CrPC to challenge the order. The Court also noted that Section 14-A starts with the words “notwithstanding anything contained in …

[S.100 CrPC] Can't Be Permitted To Contradict Initial Position To Create 'Substantial Question Of Law': Andhra Pradesh HC Dismisses Second Appeal
1 year, 1 month ago

[S.100 CrPC] Can't Be Permitted To Contradict Initial Position To Create 'Substantial Question Of Law': Andhra Pradesh HC Dismisses Second Appeal

Live Law  

The Andhra Pradesh High Court has dismissed a second appeal filed holding that the parties cannot blow 'hot and cold' and cannot be permitted to 'approbate or reprobate' at the same time. The order was passed by Justice B.V.L.N Chakravarthi in a second appeal filed by the defendants in a suit for partition by taking a contradictory stand to their …

Judicial Service Exams: Question And Answers (MCQs) Based On Latest Judgements- PART-2
1 year, 1 month ago

Judicial Service Exams: Question And Answers (MCQs) Based On Latest Judgements- PART-2

Live Law  

MCQs based on Current SC Judgments- September 2023 21. 2023 LiveLaw 724, 2023 INSC 776 b) Drakshayanamma v. Girish, 2023 LiveLaw 709 c) Appaiya vs Andimuthu@ Thangapandi & Ors, 2023 LiveLaw 811 d) State of Punjab v. Shika Trading Co., 2023 LiveLaw 721: 2023 INSC 773 Answer- c) Appaiya vs Andimuthu@ Thangapandi & Ors, 2023 LiveLaw 811 Explanation: The Supreme …

Chandrababu Naidu Case : Why Supreme Court Judges Differed On Retrospective Application Of Section 17A Prevention Of Corruption Act?
1 year, 2 months ago

Chandrababu Naidu Case : Why Supreme Court Judges Differed On Retrospective Application Of Section 17A Prevention Of Corruption Act?

Live Law  

In the petition filed by former Andhra Pradesh Chief Minister Chandrababu Naidu, the Supreme Court has delivered a split verdict on the retrospective application of Section 17A of the Prevention of Corruption Act, 1988 to offences which existed before the 2018 amendment, which inserted Section 17A. Section 17A was introduced by an amendment with effect from July 26, 2018, and …

Subsequent Overruling Judgment Doesn't Disturb Conclusiveness Of Inter-Parte Order That Attained Finality: Kerala High Court
1 year, 2 months ago

Subsequent Overruling Judgment Doesn't Disturb Conclusiveness Of Inter-Parte Order That Attained Finality: Kerala High Court

Live Law  

The Kerala High Court has reiterated that a subsequent overruling judgment cannot disturb the conclusiveness of an inter parte order that has attained finality. By that time, the High Court order dismissing petitioner's revision had attained finality and its conclusiveness could not be altered by a subsequent judgment. The Magistrate however dismissed the application for further investigation moved by the …

Cannot come to Madras HC in connection with defamation suit filed against journalist Mathew Samuel: Palaniswami
1 year, 4 months ago

Cannot come to Madras HC in connection with defamation suit filed against journalist Mathew Samuel: Palaniswami

The Hindu  

AIADMK general secretary Edappadi K. Palaniswami has expressed his inability to come to the Madras High Court premises to provide evidence in a 2019 defamation suit filed by him against journalist Mathew Samuel and others, for having linked his name with the 2017 Kodanad heist-cum-murder case. Justice N. Sathish Kumar directed the High Court Registry to list the application, filed …

Order 2 Rule 2 CPC | No Bar On Subsequent Suit If Cause Of Action In Both Suits Not Same: J&K High Court
1 year, 4 months ago

Order 2 Rule 2 CPC | No Bar On Subsequent Suit If Cause Of Action In Both Suits Not Same: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently observed that a subsequent suit is barred only if the first suit and the second suit are based on the same cause of action under Order 2 Rule 2 of the CPC. "The bar to the maintainability the subsequent suit under Order 2 Rule CPC will be attracted only when …

Arbitration Cases Weekly Round-Up: 2nd October To 8th October
1 year, 5 months ago

Arbitration Cases Weekly Round-Up: 2nd October To 8th October

Live Law  

High Courts: Calcutta High Court Party Eligible For Interim Protection U/S 9 Arbitration & Conciliation Act, Regressive To Relegate To CPC Procedure: Calcutta High Court Case: Prathyusha- AMR JV vs Orissa Steel Expressway Private Limited Citation: 2023 LiveLaw 304 The Calcutta High Court has recently allowed applications for appointment of arbitrator u/s 11 and for interim protection u/s 9 of …

Rajesh and Another v. The State of MP : A Patently Erroneous Interpretation Of Section 27 Of Evidence Act By Supreme Court
1 year, 5 months ago

Rajesh and Another v. The State of MP : A Patently Erroneous Interpretation Of Section 27 Of Evidence Act By Supreme Court

Live Law  

C O N T E N T SSl. Such insensitivity by the companion Judges has resulted in a grave travesty of Justice by setting a bad precedent with regard to “recovery evidence” falling under Section 27 of the Evidence Act, Hereafter, it is open to any lawyer in any part of the country to successfully argue even before a Magistrate …

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index- [August 14 – 20, 2023]
1 year, 5 months ago

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index- [August 14 – 20, 2023]

Live Law  

SUBJECT WISE INDEX Allotment of Plots Allotment of Plots - E-auction - When the HSIIDC as the authority deciding to allot industrial plots had laid down a particular procedure which will ensure fairness and transparency amongst the participants, they cannot depart from the notified process particularly when there was no technical report available with the authority to confirm technical fault …

Supreme Court Stays Karnataka HC Judgment Setting Aside Election Of JD(S) MP Prajwal Revanna
1 year, 6 months ago

Supreme Court Stays Karnataka HC Judgment Setting Aside Election Of JD(S) MP Prajwal Revanna

Live Law  

The Supreme Court on Monday, as an interim direction, stayed the judgement of the Karnataka High Court which set aside the election of Janata Dal Prajwal Revanna as a Member of Parliament from Hassan Parliamentary constituency in 2019 Lok Sabha elections, for filing a false election affidavit. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra …

Recent Important Judgments On Service Law - Appointments, Pension, Disciplinary Proceedings
1 year, 6 months ago

Recent Important Judgments On Service Law - Appointments, Pension, Disciplinary Proceedings

Live Law  

Appointment and RTI matters Supreme Court Appointment Can’t Be Denied Citing Suppression of Material Facts When Employer’s Query Was Vague The Court in State of West Bengal v. Mitul Kumar Jana 2023 LiveLaw 714, while adjudicating upon the allegations of suppressing information related to a criminal case during the application process, held that “For determining suppression or false information attestation/verification …

UP Urban Buildings Act | Affidavit Submitted To Court 'Conclusive Evidence' In Subsequent Proceedings Related To That Controversy: Allahabad HC
1 year, 6 months ago

UP Urban Buildings Act | Affidavit Submitted To Court 'Conclusive Evidence' In Subsequent Proceedings Related To That Controversy: Allahabad HC

Live Law  

Relying on various Supreme Court judgments, a bench comprising of Justice Neeraj Tiwari said, “ In light of Section 12 of U.P. 13 of 1972 as well as law laid down by the Apex Court and this Court, I am of the firm view that any affidavit given before any Court of law be read as conclusive evidence in subsequent …

Supreme Court Asks MP HC To Relook Case Of Judge Aspirant Whose Selection Was Cancelled Over 'False' Dog Bite Case
1 year, 7 months ago

Supreme Court Asks MP HC To Relook Case Of Judge Aspirant Whose Selection Was Cancelled Over 'False' Dog Bite Case

Live Law  

The Supreme Court recently asked the Madhya Pradesh High Court to have a relook the case of a judicial aspirant, whose name was deleted from the merit list of the Madhya Pradesh Judicial Services Examination, 2019 due to a "false" criminal complaint. A Division Bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia in its order made a prima facie …

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