Supreme Court Quarterly Digest 2022 - CIVIL LAW- [Jan to Mar]
2 years, 6 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 to the draft sale deed to be considered. Frost International Ltd. v. Milan Developers & Builders, 2022 LiveLaw 340 Code of Civil Procedure, 1908; Order XXI - 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 to the draft sale deed to be considered. Rajbir v. Suraj Bhan, 2022 LiveLaw 255 Code of Civil Procedure, 1908; Order XXI Rule 34 - It is the duty of the court to cause the draft to be served upon the judgment debtor and to apply its mind and to make alterations in the draft, if needed, when objections are filed - It will be thereafter that the decree holder is to deliver it to the court with the alterations if any made by the court, on proper stamp paper, if required and the execution of the document is effected by the court or the officer appointed. Rajbir v. Suraj Bhan, 2022 LiveLaw 255 Code of Civil Procedure, 1908; Order XXIII Rule 3A - A party to a consent decree based on a compromise to challenge the compromise decree on the ground that the decree was not lawful i.e., it was void or voidable has to approach the same court, which recorded the compromise and a separate suit challenging the consent decree has been held to be not maintainable. Sanjay Kumar Singh v. State of Jharkhand, 2022 LiveLaw 268 Code of Civil Procedure, 1908; Order XLI Rule 27 - The appellate court to take additional evidence in exceptional circumstances - Where the additional evidence sought to be adduced removes the cloud of doubt over the case and the evidence has a direct and important bearing on the main issue in the suit and interest of justice clearly renders it imperative that it may be allowed to be permitted on record, such application may be allowed - The admissibility of additional evidence does not depend upon the relevancy to the issue on hand, or on the fact, whether the applicant had an opportunity for adducing such evidence at an earlier stage or not, but it depends upon whether or not the appellate court requires the evidence sought to be adduced to enable it to pronounce judgment or for any other substantial cause - The true test, therefore is, whether the appellate court is able to pronounce judgment on the materials before it without taking into consideration the additional evidence sought to be adduced.

Law High Court Judgment Procedure Court Civil Civil Procedure Order Promoters Cpc Para Rule 2022 Code Mar Rat Livelaw Section 10 Order Vii Rule 11 Decree Sale Deed Section 100 Para 10 Rajbir Suraj Bhan Order Xxi Rule Griesheim Gmbh Judgment Debtor Order Xxi Rule 34 Section 44A Decree Holder Sree Surya Developers Goyal Mg Order Xxiii Rule 3A Section 16 Quarterly Digest Order Xli Rule Order Viii Rule 1 Para 1 Order V Rule 1 Prakash Corporates Order Viii Rule 10  sc  livelaw  rule  law  court  supreme  decree  jan  2022  order  quarterly  digest  v  procedure  civil  mar

History of this topic

Trial Courts Must Conduct Summary Inquiry Under O.22 R.5 CPC To Ascertain Legal Heirs In Disputes: Jharkhand High Court
1 day, 5 hours ago

Trial Courts Must Conduct Summary Inquiry Under O.22 R.5 CPC To Ascertain Legal Heirs In Disputes: Jharkhand High Court

Live Law  

The Jharkhand High Court in a judgment delivered recently emphasised the mandatory nature of conducting a summary inquiry under Order 22 Rule 5 of the Civil Procedure Code when disputes arise regarding the legal heirs of a deceased plaintiff or defendant. Justice Subhash Chand, presiding over the case, held: “Where there is dispute in regards to legal heirs of deceased …

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

Non-Admission Of Claim By Resolution Professional Cannot Be Challenged First Time In Appeal Before Appellate Tribunal: NCLAT
5 days, 21 hours ago

Non-Admission Of Claim By Resolution Professional Cannot Be Challenged First Time In Appeal Before Appellate Tribunal: NCLAT

Live Law  

The NCLAT New Delhi bench of Justice Ashok Bhushan and Mr. Arun Baroka has held that non admission of claim in the Resolution Plan by the Resolution Plan if not challenged before the Adjudicating Authority cannot be challenged in the appeal before the NCLAT. The same Resolution Plan of Respondent Nos.2 and 3 approved by the Adjudicating Authority on 28.11.2019 …

Supreme Court Weekly Round-up: December 9, 2024 To December 15, 2024
1 week, 1 day ago

Supreme Court Weekly Round-up: December 9, 2024 To December 15, 2024

Live Law  

Index Citations Kunhimuhammed @ Kunheethu v. State of Kerala 2024 LiveLaw 964 National Highways Authority of India v. G Athipathi and Others, Civil Appeal No. Case Details: Kirpal Singh v. Government of India Citation: 2024 LiveLaw 970 The Supreme Court has held that Section 14 of the Limitation Act, 1963 is applicable to the Arbitration and Conciliation Act, 1996. Case …

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024
2 weeks, 1 day 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 …

Supreme Court Seeks Responses From 6 States & HCs In Suo Motu Case Over Stay Orders Affecting Trials & Delay In Prosecution Sanctions
2 weeks, 1 day ago

Supreme Court Seeks Responses From 6 States & HCs In Suo Motu Case Over Stay Orders Affecting Trials & Delay In Prosecution Sanctions

Live Law  

The Supreme Court today sought the response of 6 State Governments and their High Courts on the issue of adverse effects of stay orders in criminal trials and the delay in granting sanctions for criminal prosecution. A bench of Chief Justice of India Sanjiv Khanna and Justice PV Sanjay Kumar was hearing the Suo motu case regarding the adverse effect …

CPC | Second Appeals Must Strictly Comply With S.100 CPC, No Scope For Equitable Grounds Or Disturbing Concurrent Findings: J&K High Court
2 weeks, 6 days ago

CPC | Second Appeals Must Strictly Comply With S.100 CPC, No Scope For Equitable Grounds Or Disturbing Concurrent Findings: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has emphasised that conditions under Section 100 of the Code of Civil Procedure must be strictly fulfilled before a second appeal can be maintained. Pointing out the bare text used in Section 100 CPC Justice Wani remarked, “Thus, what emanates from above position and principles of law is that the existence of …

Supreme Court Monthly Round-up: November 2024
3 weeks ago

Supreme Court Monthly Round-up: November 2024

Live Law  

Index Citations Manish Kumar Rai v. Union of India & Ors. Case Details: Nabha Power Ltd and another v. Punjab State Power Corporation Ltd. Citation: 2024 LiveLaw 861 The Supreme Court held that a press release issued by the Government of India about certain changes in the mega power policy did not constitute 'law' and 'change in law' in terms …

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024
Trending News
3 weeks ago

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024

Live Law  

Index Citations M/S Ajay Protech Pvt. Case Details: State of Karnataka v. Chandrasha Criminal Appeal No.2646 Of 2024 Citation: 2024 LiveLaw 926 While convicting a government servant for taking a bribe of Rs.2000, the Supreme Court observed that it was not necessary for the amount involved to be substantial to draw the presumption under Section 20 of the Prevention of …

Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition
3 weeks, 4 days ago

Judicial Orders Mandating Incarceration- Recent Trend Of Imposition Of Restriction On Filing A Subsequent Bail Petition

Live Law  

The fixing of time for concluding the trial and renewing the Bail application after a certain time became a generally inevitable part of criminal jurisprudence of the High Courts of India and the Supreme Court while deciding Regular Bail Petitions. To de-valuing of clean hand of the accused, facts, circumstance and stage of the case and fixing time for subsequent …

Third-Party Can File SLP Under Article 136 Against Quashing Of Criminal Proceedings : Supreme Court
1 month ago

Third-Party Can File SLP Under Article 136 Against Quashing Of Criminal Proceedings : Supreme Court

Live Law  

The Supreme Court recently reiterated that a third party can file a Special Leave Petition under Article 136 of the Constitution against the quashing of criminal proceedings.An appeal by a private individual can be entertained, both sparingly and after due vigilance, said the Court relying on the precedents in National Commission for Women v. State of Delhi & Anr. The …

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

Supreme Court Weekly Round-up: November 4, 2024 To November 10, 2024
Trending News
1 month, 1 week ago

Supreme Court Weekly Round-up: November 4, 2024 To November 10, 2024

Live Law  

Nominal Index Citations Manish Kumar Rai v. Union of India & Ors. Case Details: International Seaport Dredging Pvt Ltd v. Kamarajar Port Limited, Civil Appeal No 12097 of 2024 Citation: 2024 LiveLaw 852 The Supreme Court disapproved of a High Court's decision to exempt a government entity from depositing other amounts in addition to the arbitral award amount as a …

Supreme Court Weekly Round-up: November 4, 2024 To November 10, 2024
Trending News
1 month, 1 week ago

Supreme Court Weekly Round-up: November 4, 2024 To November 10, 2024

Live Law  

Nominal Index Citations Manish Kumar Rai v. Union of India & Ors. Case Details: International Seaport Dredging Pvt Ltd v. Kamarajar Port Limited, Civil Appeal No 12097 of 2024 Citation: 2024 LiveLaw 852 The Supreme Court disapproved of a High Court's decision to exempt a government entity from depositing other amounts in addition to the arbitral award amount as a …

Supreme Court Monthly Digest- September 2024 With Statute And Subject Wise Index
1 month, 1 week ago

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

Live Law  

Advocate Advocates-on-Record can mark the appearances of only those advocates who are authorized to appear and argue the case on a particular day of hearing. Devendra Kumar Pal v. State of U.P., 2024 LiveLaw 687 Section 401 - Under Section 401 Cr.P.C., the High Court lacks the authority to convert an acquittal into a conviction in revision proceedings. Omkar Ramchandra …

Supreme Court Monthly Digest- September 2024 With Statute And Subject Wise Index
1 month, 1 week ago

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

Live Law  

Advocate Advocates-on-Record can mark the appearances of only those advocates who are authorized to appear and argue the case on a particular day of hearing. Devendra Kumar Pal v. State of U.P., 2024 LiveLaw 687 Section 401 - Under Section 401 Cr.P.C., the High Court lacks the authority to convert an acquittal into a conviction in revision proceedings. Omkar Ramchandra …

CPC | Nature Of Issues Crucial To Attract Applicability Of Section 10, Not Nature Of Relief Sought: J&K High Court
5 months ago

CPC | Nature Of Issues Crucial To Attract Applicability Of Section 10, Not Nature Of Relief Sought: J&K High Court

Live Law  

Emphasising the importance of the nature of issues in civil suits the Jammu and Kashmir and Ladakh High Court has ruled that its not the nature of relief being sought but the nature of issues which are involved in the two suits that are crucial to attract applicability of Section 10 of the CPC A bench comprising Justice Sanjay Dhar …

Supreme Court Biannual Digest 2022 - 2023 [Code Of Civil Procedure, 1908]
5 months, 3 weeks ago

Supreme Court Biannual Digest 2022 - 2023 [Code Of Civil Procedure, 1908]

Live Law  

The rules of procedure are essentially intended to subserve the cause of justice and are not for punishment of the parties in conduct of the proceedings. Ltd. v. Vinita Mehta, 2022 LiveLaw 564 : 7 SCC 678 Section 96, 105 and Order IX Rule 13 - The appellant, while challenging ex parte decree by filing an appeal, can always point …

Jammu and Kashmir and Ladakh High Court Weekly Roundup June 24 - June 30, 2024
5 months, 3 weeks ago

Jammu and Kashmir and Ladakh High Court Weekly Roundup June 24 - June 30, 2024

Live Law  

Nominal Index: State Vs Raj Kumar 2024 LiveLaw 166 Yunius Hussain Vs UT of J&K 2024 LiveLaw 167 Manzoor Hussain Vs UT Of J&K 2024 LiveLaw 168 ABDUL ROUF SHAH Vs ATIQA HASSAN & OTHERS 2024 LiveLaw 169 Vinod Kumar Vs Somi Devi 2024 LiveLaw 170 Sunil Kumar Vs Department of Agriculture J&K 2024 LiveLaw 171 NAZIR AHMAD DAR & …

Supreme Court Monthly Digest April 2024
6 months, 3 weeks ago

Supreme Court Monthly Digest April 2024

Live Law  

Citations 2024 LiveLaw 269 to 2024 LiveLaw 339 Abuse of Process of Law Abuse of process of law – Collusion between parties in tender process – Held, respondent no. Shivani Tyagi v. State of U.P., 2024 LiveLaw 333 Section 439 and National Investigation Agency Act, 2008; Section 21 – Jurisdiction of High Court to entertain Bail application – The jurisdiction …

Order 41 Rule 31 CPC | Omission To Separately Frame Issues Not Fatal If Appellate Court Has Otherwise Dealt With Them : Supreme Court
7 months, 1 week ago

Order 41 Rule 31 CPC | Omission To Separately Frame Issues Not Fatal If Appellate Court Has Otherwise Dealt With Them : Supreme Court

Live Law  

The Supreme Court held that an omission to frame points of determination by the first appellate court as per Order 41 Rule 31 of the Code of Civil Procedure, 1908 would not prove fatal as long as that first appellate court dealt with all the issues that arise for deliberation in the said appeal.“Thus, even if the first appellate Court …

Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]
7 months, 2 weeks 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 …

The Complete Supreme Court Annual Digest- 2023 [Part-XV]
7 months, 2 weeks ago

The Complete Supreme Court Annual Digest- 2023 [Part-XV]

Live Law  

Section 279 - Rash driving or riding on a public way Penal Code, 1860; Sections 279, 304A – Motor Accident Case – Reduction of sentence of convict – Object of Indian Penal Code is to punish offenders for offences under the act – Indian Penal Code punitive and deterrent – Corrective measures ought to be recognised while sentencing convict but …

The Complete Supreme Court Annual Digest- 2023 [Part-IX]
8 months ago

The Complete Supreme Court Annual Digest- 2023 [Part-IX]

Live Law  

CRZ Notification CRZ Notification 2011: Storage facility for edible oil not allowed outside port area; Supreme Court affirms quashing of post-facto clearance. High Court Bar Association v. Union of India, 2023 LiveLaw 276 : 2 SCC 536 Supreme Court affirms mandatory e-filing in DRTs & DRATs, says other courts should replicate it. Subhash Desai v. Principal Secretary, Governor of Maharashtra, …

The Complete Supreme Court Annual Digest- 2023 [Part-III]
8 months, 2 weeks ago

The Complete Supreme Court Annual Digest- 2023 [Part-III]

Live Law  

Citizenship The Supreme Court sets aside the ex-parte order of the Foreigners Tribunal which declared a woman non-indian. Pramod Sinha v. Suresh Singh Chauhan, 2023 LiveLaw 596 Section 33 - Judgment and decree Code of Civil Procedure, 1908; Section 33, Order XX Rule 4, 5; Order XLI Rule 23, 23A, 24 and 25 - Remand - High Court passed order …

The Complete Supreme Court Civil Digest 2023
9 months, 1 week ago

The Complete Supreme Court Civil Digest 2023

Live Law  

Abortion Foetus has no separate identity from its mother; Women can't be forced to undergo pregnancy at risk of physical and mental trauma. Indira Jaising v. Supreme Court of India, 2023 LiveLaw 425 : AIR 2023 SC 3009 : 8 SCC 1 Supreme Court Constitution Bench upholds the validity of All India Bar Examination - Recongizes the right of Bar …

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case
9 months, 1 week ago

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case

Live Law  

While holding that the Judicial Magistrate First-Class at Burhanpur had no authority to entertain a criminal complaint filed against former Nepanagar MLA Sumitra Devi, the Madhya Pradesh High Court has directed the trial court to forward the complaint under S.156 CrPC to the designated special judge of Indore District Court. “…Since the question of competency and jurisdiction of the court …

Supreme Court Weekly Digest With Subject /Statute Wise Index [February 25 to 29]
9 months, 2 weeks ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [February 25 to 29]

Live Law  

Abuse of Process of Law Special Leave Petitions - Several matters, wherein the special leave petitions are filed either against the order seeking adjournment or the order issuing notices or grant/refusal of interim protections. High Court Bar Association Allahabad v. State of Uttar Pradesh, 2024 LiveLaw 177 Contract Act, 1872 Contract Act, 1872; Section 182 - Distributor, not agent: independent …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
9 months, 4 weeks 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 …

Supreme Court Weekly Digest With Subject /Statute Wise Index [February 12 to 18]
10 months ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [February 12 to 18]

Live Law  

Administrative Law Recruitment - Reserved Female Category - Non-Creamy Layer - The Appellant i.e., a candidate who was scrupulously following the terms and conditions of the Impugned Acquittal Appeal from acquittal – Principles of deciding – Appreciation of evidence is the core element of a criminal trial and such appreciation must be comprehensive i.e. Directorate of Enforcement v. Niraj Tyagi, …

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court
10 months, 1 week 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 …

Bar Of Limitation Can't Be Avoided By Resorting To Article 136 When Statutory Appeal Available: Supreme Court
11 months, 2 weeks ago

Bar Of Limitation Can't Be Avoided By Resorting To Article 136 When Statutory Appeal Available: Supreme Court

Live Law  

A Special Leave Petition filed against an order passed by National Company Law Appellate Tribunal, Chennai was dismissed yesterday by a three-Judge Bench of the Supreme Court comprising Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra. Pertinently, the Bench made an observation that a bar of limitation cannot be obviated or circumvented by taking recourse of proceedings …

Supreme Court Annual Digest 2023- Code Of Civil Procedure (CPC)
11 months, 3 weeks 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 …

Yearly Digest Of IBC Cases: 2023
11 months, 3 weeks ago

Yearly Digest Of IBC Cases: 2023

Live Law  

Supreme Court “Inappropriate, Almost Bordering On Contempt”: SC Deprecates NCLAT Order Impeding Implementation Of SC Order Case Title: Indiabulls Housing Finance Ltd. v Iirf India Realty Xii Ltd. & Ors. 1125 of 2022 The National Company Law Appellate Tribunal, Principal Bench, comprising of Justice Ashok Bhushan and Shri Barun Mitra, has directed the liquidation of the Corporate Debtor, M/s Ajanta …

Supreme Court Judgements On Insolvency & Bankruptcy Code In 2023
11 months, 3 weeks ago

Supreme Court Judgements On Insolvency & Bankruptcy Code In 2023

Live Law  

Sabka Vishwas Scheme: Supreme Court Grants Relief To Company Which Missed Deadline Due To IBC Moratorium The Supreme Court Bench comprising of Justices M R Shah and Justice B V Nagarathna has remarked that “No one can be expected to do the impossible” while granting relief to a company which could not avail the benefit of settlement of tax dues …

Supreme Court Half Yearly Digest 2023 - Criminal Major Acts
11 months, 4 weeks ago

Supreme Court Half Yearly Digest 2023 - Criminal Major Acts

Live Law  

Code of Criminal Procedure, 1973 Code of Criminal Procedure, 1973 - Difference in the power of Police to register and investigate an FIR under Section 154 read with 157 of the Code, and the Magistrate's direction to register an FIR under Section 156 of the Code. State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw 37 …

Supreme Court Weekly Digest With Subject-Wise, Statute-Wise Index & Nominal Index [October 9 – 15, 2023]
1 year ago

Supreme Court Weekly Digest With Subject-Wise, Statute-Wise Index & Nominal Index [October 9 – 15, 2023]

Live Law  

SUBJECT WISE INDEX Abortion Foetus has no separate identity from its mother; Women can't be forced to undergo pregnancy at risk of physical and mental trauma. Chandra Pratap Singh v. State of M.P., 2023 LiveLaw 870 : 2023 INSC 887 Advocates cannot claim right of legal representation under Industrial Disputes Act: Supreme Court answers reference. Customs Central Excise and Service …

The unanswered question in the Article 370 order
1 year ago

The unanswered question in the Article 370 order

Hindustan Times  

In India’s constitutional order, the adjudication of contested questions of law and rights is the responsibility of independent courts. “In view of the submission made by the solicitor general that statehood would be restored of J&K, we do not find it necessary to determine whether the reorganisation of the state of J&K into two UTs of Ladakh and J&K is …

Order VII Rule 11 CPC - No Evidence Or Merits Of Controversy Can Be Examined While Deciding Rejection Of Plaint : Supreme Court
1 year ago

Order VII Rule 11 CPC - No Evidence Or Merits Of Controversy Can Be Examined While Deciding Rejection Of Plaint : Supreme Court

Live Law  

Recently, the Supreme Court held that no amount of evidence or merits of the controversy could be examined at the stage of deciding rejection of a plaint application under Order VII Rule 11 of the Code of Civil Procedure, 1908. In this case, the Court opined that only the averments in the plaint would be relevant for invoking clause of …

Supreme Court Weekly Round-Up(23rd-29th October)
1 year, 1 month ago

Supreme Court Weekly Round-Up(23rd-29th October)

Live Law  

Nominal Index Tottempudi Salalith v State Bank Of India 2023 LiveLaw 914 M/S Unibros v. All India Radio, 2023 LiveLaw 918 Debasish Paul v. Amal Boral, 2023 LiveLaw 919 Mumtaz Yarud Dowla Waqf v. M/S Badam Balakrishna Hotel Pvt Ltd. 2023 LiveLaw 920 Manmohan Gopal v. State Of Chhattisgarh, 2023 LiveLaw 921 Ambalal Parihar v. State of Rajasthan and ors, …

Plaint Cannot Be Rejected In Part Under Order VII Rule 11 Of CPC: Supreme Court
1 year, 1 month ago

Plaint Cannot Be Rejected In Part Under Order VII Rule 11 Of CPC: Supreme Court

Live Law  

The Supreme Court on Tuesday held that a plaint cannot be rejected in part under Order VII Rule 11 of the Code of Civil Procedure, 1908. The Court also reiterated that when a plaint does not disclose a cause of action, it is liable to be rejected under Order VII Rule 11. However, the High Court allowed the application under …

PMLA Judgment Review Hearing : Live Updates From Supreme Court
1 year, 2 months ago

PMLA Judgment Review Hearing : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear at 3 PM today petitions seeking review of the 'Vijay Madanlal Chaudhary' judgment which upheld the powers of the ED & PMLA provisions.A bench of Justices SK Kaul, Sanjiv Khanna & Bela M Trivedi will hear the matter.Earlier, in August 2022, while issuing notice on the review petition, a bench led by the then CJI …

PMLA Judgment Review Hearing : Live Updates From Supreme Court
1 year, 2 months ago

PMLA Judgment Review Hearing : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear at 3 PM today petitions seeking review of the 'Vijay Madanlal Chaudhary' judgment which upheld the powers of the ED & PMLA provisions.A bench of Justices SK Kaul, Sanjiv Khanna & Bela M Trivedi will hear the matter.Earlier, in August 2022, while issuing notice on the review petition, a bench led by the then CJI …

PMLA Judgment Review Hearing : Live Updates From Supreme Court
1 year, 2 months ago

PMLA Judgment Review Hearing : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear at 3 PM today petitions seeking review of the 'Vijay Madanlal Chaudhary' judgment which upheld the powers of the ED & PMLA provisions.A bench of Justices SK Kaul, Sanjiv Khanna & Bela M Trivedi will hear the matter.Earlier, in August 2022, while issuing notice on the review petition, a bench led by the then CJI …

PMLA Judgment Review Hearing : Live Updates From Supreme Court
1 year, 2 months ago

PMLA Judgment Review Hearing : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear at 3 PM today petitions seeking review of the 'Vijay Madanlal Chaudhary' judgment which upheld the powers of the ED & PMLA provisions.A bench of Justices SK Kaul, Sanjiv Khanna & Bela M Trivedi will hear the matter.Earlier, in August 2022, while issuing notice on the review petition, a bench led by the then CJI …

PMLA Judgment Review Hearing : Live Updates From Supreme Court
1 year, 2 months ago

PMLA Judgment Review Hearing : Live Updates From Supreme Court

Live Law  

The Supreme Court will hear at 3 PM today petitions seeking review of the 'Vijay Madanlal Chaudhary' judgment which upheld the powers of the ED & PMLA provisions.A bench of Justices SK Kaul, Sanjiv Khanna & Bela M Trivedi will hear the matter.Earlier, in August 2022, while issuing notice on the review petition, a bench led by the then CJI …

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [September 1 – 10, 2023]
1 year, 2 months ago

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [September 1 – 10, 2023]

Live Law  

SUBJECT WISE INDEX Army BSF Act - Even if an officer pleads guilty of misconduct, the court has to satisfy that confession is voluntary. Munna Pandey v. State of Bihar, 2023 LiveLaw 744 : 2023 INSC 793 Section 162 CrPC does not prevent a trial court from putting questions to witnesses suo motu to contradict them. Munna Pandey v. State …

Order VII Rule 11 | Waiting For Conclusion Of Trial To Reject Plaint Defeats Purpose Of Law: Kerala High Court
1 year, 2 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 …

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index- [August 14 – 20, 2023]
1 year, 3 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 …

Principles Of Natural Justice Not Violated When The Opportunity To Make Oral Submission Is Not Availed: Delhi High Court
1 year, 3 months ago

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

Live Law  

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

Discover Related