The Complete Supreme Court Annual Digest- 2023 [Part-III]
Live LawCitizenship 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 of remand observing that the judgment of the trial court was not written as per the mandate of Section 33 and Rule 4 and 5 of Order XX of the Code, as the discussion and reasoning on certain aspects was not detailed and elaborate - Allowing appeal, the Supreme Court observed: This is not a case where the evidence is not adduced and on record. Geetha v. Nanjundaswamy, 2023 LiveLaw 940 Code of Civil Procedure, 1908; Order VII Rule 11 - Rejection of Plaint - The High Court committed an error by examining the merits of the matter. Koushik Mutually Aided Cooperative Housing Society v. Ameena Begum, 2023 LiveLaw 1056 Order 10 - Examination of Parties by the Court Code of Civil Procedure, 1908; Order X and Section 89 - All courts at Districts and Talukas shall ensure after the pleadings are complete, the parties should be called upon to appear on the day fixed as indicated in Order X and record the admissions and denials and the court shall direct the parties to the suit to opt for either mode of the settlement outside the court as specified in sub-Section of Section 89 and at the option of the parties shall fix the date of appearance before such forum or authority and in the event of the parties opting to any one of the modes of settlement directions be issued to appear on the date, time and venue fixed and the parties shall so appear before such authority/forum without any further notice at such designated place and time and it shall also be made clear in the reference order that trial is fixed beyond the period of two months making it clear that in the event of ADR not being fruitful, the trial would commence on the next day so fixed and would proceed on day-to-day basis. ) Sanjay Kumar Agarwal v. State Tax Officer, 2023 LiveLaw 939 : AIR 2023 SC 5636 : 2 SCC 362 Code of Civil Procedure, 1908; Order XLVII Rule 1, Rule 9 - The Supreme Court has upheld the decision of the Jammu and Kashmir and Ladakh High Court where the court had held that where the assessee had been held entitled to the refund of the Educational cess and Secondary & Higher Educational cess on the basis of the judgment and order of the Supreme Court in M/s SRD Nutrients Limited vs. CCE, 1 SCC 105, which was applicable at the relevant time, the Revenue Department was not entitled to make recovery of the said refunded amount on the basis of the subsequent decision of the Supreme Court in M/s Unicorn Industries vs. Union of India, 3 SCC 492, where the decision in M/s SRD Nutrients was overruled by the top court.