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Registry Cannot Refuse Listing Of Case Citing Procedural Defects When There Is A Judicial Order To List: Supreme Court

Live Law

The Supreme Court on Friday held that the Registry cannot defy specific order of the Court and refuse to list a case on the ground of procedural non-compliance. The Registry refused to list the cases due to procedural non-compliance relying on Rule 2 of Order 15 of the Supreme Court Rules, 2013. The Bench emphasized that no rule under the …

Kerala Supreme Court Court Bail Cases Order Case

Registry Cannot Refuse Listing Of Case Citing Procedural Defects When There Is A Judicial Order To List: Supreme Court

Live Law

The Supreme Court on Friday held that the Registry cannot defy specific order of the Court and refuse to list a case on the ground of procedural non-compliance. The Registry refused to list the cases due to procedural non-compliance relying on Rule 2 of Order 15 of the Supreme Court Rules, 2013. The Bench emphasized that no rule under the …

Kerala Supreme Court Court Bail Cases Order Case

5 days, 21 hours ago

Rajasthan High Court Allows Couple To Cure Defects In Application For 'Inter-Caste Marriage Help Scheme' With Almost 7 Yrs Delay

Live Law

The bench of Justice Anoop Kumar Dhand at the Rajasthan High Court granted relief to an inter-caste married couple whose claim under the Dr. Savita Ben Ambedkar Inter-Caste Marriage Help Scheme was rejected for not curing the defect in the application within a period of one month. The petitioners were an inter-caste couple who submitted their application under the Scheme …

Couple Court Application Scheme One Month Petitioners

1 week, 1 day ago

Curable Procedural Defects Should Not Be Allowed To Defeat Substantive Rights Of Parties: Chhattisgarh High Court Reiterates

Live Law

The Chhattisgarh High Court has reiterated that procedural defects or irregularities, which are curable in nature, should not be allowed to defeat substantive rights of parties or to perpetuate injustice. While finding fault with the recourse adopted by the Rent Control Tribunal, the Division Bench of Justice Rajani Dubey and Justice Bibhu Datta Guru held – “It is trite law …

High Court Order Tribunal Respondent Act Rent Authority

6 months ago

Legal Representatives Of Appellant In Second Appeal Are Entitled To Re-Submit Appeal Which Was Returned For Curing Defects: Kerala High Court

Live Law

The Kerala High Court has declared that an applicant can resubmit an appeal instituted by a person under whom the applicants claim. The Court clarified that legal representatives of an appellant in a Regular Second Appeal are entitled to re-submit the appeal which was returned for curing the defects. Justice K. Babu held: “The principle emerges is that the right …

Appeal Legal Court Legal Representatives Representatives Appellant Second Appeal

7 months, 3 weeks ago

Indore Congress candidate defects 5 days after attempt to murder charge

India Today

An attempt to murder charge was added to a 2007 land grabbing case against Akshay Kanti Bamb, the Congress party's candidate for the Indore Lok Sabha seat, just five days before he withdrew his nomination and joined the BJP earlier this week. A PTI news agency report said the murder charge was added to the 17-year-old case on the directions …

Congress Pti Indore Patel Murder Charge Kanti

1 year 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 …

High Court Filing Petition Registry Petitioner Objections Section 34

1 year, 2 months ago

Arbitrator Failed To Consider Document Based On Procedural Defects, Delhi High Court Sets Aside Award

Live Law

The High Court of Delhi has held that an arbitrator should not refuse to take on record any additional material evidence merely on the ground of certain procedural ground such as non-payment of costs by the party tendering such evidence. The bench of Justice Neena Bansal Krishna held that failure of the arbitrator to take on record important additional evidence …

Evidence Court Tribunal Held Respondent Act Material

1 year, 2 months ago

CRPF | Govt Order Extending Compassionate Employment By Curing Defects In Earlier Order Applies Retrospectively: Kerala High Court

Live Law

The Kerala High Court recently held that a Government Order issued to cure the defects of an earlier order will operate retrospectively from the date of the earlier order because the latter Government order can only be treated as curing the defects that existed in the earlier order. Background Facts In 2002, the Government of Kerala introduced a scheme to …

Kerala Court Personnel Order Tribunal Scheme Crpf

1 year, 4 months ago

Recourse To Section 34(4) Of The A&C Act Can Only Be Taken For Curable Defects, Courts Cannot Allow The Tribunal To Either Review Or Reconsider The Award: Delhi High Court

Live Law

The High Court of Delhi has held that the recourse to Section 34 of the A&C Act, that grants courts the authority to remit an arbitral award to the Arbitral Tribunal, can only be taken for correcting the curable defects such as filling the gaps in reasoning, correct typographical and arithmetical errors and not to allow the tribunal to do …

Court Defects Courts Tribunal Singh Award Adv

1 year, 8 months ago

Kerala High Court Dismisses Plea To Suspend State's Top Officials For 'Undue Influence', Says Aimless Allegations Without Supporting Material

Live Law

The Kerala High Court on Monday came down heavily upon the practice of filing writ petitions without any basis and thereby 'threatening the system into ridicule'. Justice Bechu Kurian Thomas while dismissing a plea alleging State's Top officials of influencing others to destroy petitioner's life, imposed a cost of Rs.25,000/- payable to the Kerala Legal Services Authority. The petitioner also …

Kerala Constitution Court Petitions Kerala High Court Writ Right

1 year, 9 months ago

Nomination Of A Candidate For Elections Cannot Be Rejected Due To Immaterial Defects: Kerala High Court Reiterates

Live Law

The Kerala High Court on Tuesday reiterated that the nomination of a candidate for elections cannot be rejected on trivial grounds and that if there is substantial compliance, the nomination paper ought to be accepted.A single bench of Justice Viju Abraham was considering the plea of an aspiring candidate who had filed for nomination for election to the Senate and …

Court Election Senate Nomination Petitioner His Nomination

1 year, 9 months ago

Section 34 Arbitration Petition Filed In Anticipation Of Approval By Authority Not Valid : Delhi High Court

Live Law

The High Court of Delhi has held that a petition filed under Section 34 of the A&C Act is not a valid filing if it is filed without or in anticipation of the final approval. Few of the defects included were that the petition was not maintainable as per the pecuniary jurisdiction of the High Court, the filing was done …

Court Defects Limitation Held Filed Filing Approval

1 year, 9 months ago

Is Accused Entitled To Default Bail If Charge Sheet Found Defective & Returned For Curing Defects After Statutory Period? Kerala High Court Answers

Live Law

The Kerala High Court recently considered whether in cases where final report is filed within the statutory time limit of investigation, accused person’s entitlement for bail under Section 167 CrPC would subsist, if the charge sheet is found defective, and returned for curing the defects after the statutory time limit is over. Arun observed, "when faced with the Public Prosecutor's …

Investigation Court Bail Defects Statutory Accused Report

2 years, 1 month ago

Child with birth defects: Odisha nursing home fined for giving wrong ultrasound reports

India Today

A nursing home in Odisha has been asked to pay a fine of Rs 10 lakh for not alerting a couple of congenital anomalies, resulting in the birth of a physically challenged child having no right palm and left leg. WRONG ULTRASOUND TEST REPORTS Bandana Das, during her pregnancy, thrice visited Dr Pratap Keshari Das's L&P nursing home, located in …

Couple Court Child Ultrasound Nursing Consumer Court Bandana

2 years, 3 months ago

Supreme Court Registry Scraps Over 13,000 Pre-2014 Cases With Uncured Defects, Oldest One Dates Back To 1987

Live Law

The Supreme Court Registry by an order scrapped 13,147 unregistered but diarized cases having been registered prior to the year 2014. It was only after the Supreme Court Rules of 2013 came into force that a provision was made to retain one copy of the plaint and court fees stamps with the Registry. The order stated that the defects in …

Matters Court Cases Defects Order Number Registry

2 years, 5 months ago

How the Supreme Court recalibrated the abortion debate in just 3 words

CNN

CNN — It’s not just that US Supreme Court majorities upheld Mississippi’s 15-week abortion ban and overturned Roe v. Wade. Worse, said Peters, is that by co-opting the term, “unborn human being,” it signals “which religious voices get authority and power in our country.” Though opponents of legalized abortion often paint women who undergo abortions as heathens, a strong majority …

Law Women Religious Supreme Court Abortion Life Court

3 years, 4 months ago

Provision Declared Unconstitutional Doesn't Get Wiped Out From Statute Book; Only Becomes Unenforceable; Can Be Re-Enforced Once Defects Are Cured : Delhi High Court

Live Law

The Delhi High Court has held that when a provision is declared unconstitutional, it does not get repealed or wiped out; if the defects are cured through amendment, it will become enforceable. Rejecting this argument, the order delivered by Justice Yogesh Khanna observed : ".merely because the entire section is not re-enacted would be of no consequence since the provision …

Court Enforcement Defects Delhi High Court Declared Provision Pmla

3 years, 6 months ago

Apartment owners suing Sydney developer Toplace over dozens of 'defects' in near new Parramatta buildings

ABC

Apartment owners in a large riverside apartment complex in Parramatta are suing developer Toplace over dozens of alleged defects discovered after the buildings were completed less than three years ago. Key points: Two of the three Riviera apartment towers were finished in mid-2018 The body corporate first launched court action in November 2018 A total of 45 separate types of …

Corporate Court Body Defects Riviera Parramatta Toplace

3 years, 7 months ago

Accused Cannot Get Default Bail If A Chargesheet Originally Filed Within Time Is Re-Presented After The Defects Are Cured: Kerala High Court

Live Law

In a bail order, the Kerala High Court on Thursday underscored that the accused cannot get default bail if a chargesheet originally filed within time is re-presented following the period after the defects are cured. A Bench comprising of Justice Ashok Menon observed to the effect while disposing of a bail application filed by one Saharath VP, an accused in …

High Court Bail Default Bail Chargesheet Originally

4 years ago

UP's Anti-conversion Law Can't Be Sustained, Has Many Defects, Says Ex-SC Judge Madan Lokur

News 18

Former Supreme Court Judge Justice Madan B Lokur on Tuesday criticised the Uttar Pradesh's new anti-conversion law, saying it cannot be sustained as it contained many defects from legal and Constitutional point of view. He was speaking at the launch of the book launch In Pursuit of Justice- An autobiography, on former Chief Justice of the Delhi High Court late …

Constitution Constitutional Ordinance Lokur Justice Madan Many Defects

4 years ago

Idea of Social Justice on Back Burner with SC Not Doing Enough, Says Former Judge Madan B Lokur

News 18

The idea of social justice has gone on the back burner with the Supreme Court not doing as much as it should, former judge Justice Madan B Lokur said on Tuesday. He also said there were many defects in the Uttar Pradesh's new anti-conversion law, Prohibition of Unlawful Conversion of Religion Ordinance, and it cannot be sustained. Unfortunately because of …

Law Justice Judiciary Constitution Court Uttar Pradesh Supreme

4 years ago

Supreme Court Dismisses Judicial Officer's Petition Alleging Unprofessional Activities By Top Court's Registry

Live Law

The Supreme Court on Monday dismissed a petition by a Judicial Officer of Maharashtra alleging unprofessional activities of it's Registry in terms of unequal treatment to him as well as the common man in terms of listings as well as pointing unnecessary defects.A bench of Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramaniun refused to entertain the petition.The …

Justice Court Maharashtra Defects Judicial Petition Unequal Treatment

4 years, 2 months ago

Poland moves to near-total ban on abortion, sparking protests

CNN

CNN — Poland’s highest court ruled Thursday that abortions due to fetal defects are unconstitutional, moving the country towards a near-total ban on terminations and sparking angry protests in the capital Warsaw. Czarek Sokolowski/AP The Constitutional Court’s Thursday ruling marked the first change to Polish abortion law since 1993, but comes after a years-long effort from the country’s right-wing government …

Human Rights Poland Abortion Court Rights Ruling Ban

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Articles for Defects, search results for court

Registry Cannot Refuse Listing Of Case Citing Procedural Defects When There Is A Judicial Order To List: Supreme Court

Registry Cannot Refuse Listing Of Case Citing Procedural Defects When There Is A Judicial Order To List: Supreme Court

Rajasthan High Court Allows Couple To Cure Defects In Application For 'Inter-Caste Marriage Help Scheme' With Almost 7 Yrs Delay

Curable Procedural Defects Should Not Be Allowed To Defeat Substantive Rights Of Parties: Chhattisgarh High Court Reiterates

Legal Representatives Of Appellant In Second Appeal Are Entitled To Re-Submit Appeal Which Was Returned For Curing Defects: Kerala High Court

Indore Congress candidate defects 5 days after attempt to murder charge

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

Arbitrator Failed To Consider Document Based On Procedural Defects, Delhi High Court Sets Aside Award

CRPF | Govt Order Extending Compassionate Employment By Curing Defects In Earlier Order Applies Retrospectively: Kerala High Court

Recourse To Section 34(4) Of The A&C Act Can Only Be Taken For Curable Defects, Courts Cannot Allow The Tribunal To Either Review Or Reconsider The Award: Delhi High Court

Kerala High Court Dismisses Plea To Suspend State's Top Officials For 'Undue Influence', Says Aimless Allegations Without Supporting Material

Nomination Of A Candidate For Elections Cannot Be Rejected Due To Immaterial Defects: Kerala High Court Reiterates

Section 34 Arbitration Petition Filed In Anticipation Of Approval By Authority Not Valid : Delhi High Court

Is Accused Entitled To Default Bail If Charge Sheet Found Defective & Returned For Curing Defects After Statutory Period? Kerala High Court Answers

Child with birth defects: Odisha nursing home fined for giving wrong ultrasound reports

Supreme Court Registry Scraps Over 13,000 Pre-2014 Cases With Uncured Defects, Oldest One Dates Back To 1987

How the Supreme Court recalibrated the abortion debate in just 3 words

Provision Declared Unconstitutional Doesn't Get Wiped Out From Statute Book; Only Becomes Unenforceable; Can Be Re-Enforced Once Defects Are Cured : Delhi High Court

Apartment owners suing Sydney developer Toplace over dozens of 'defects' in near new Parramatta buildings

Accused Cannot Get Default Bail If A Chargesheet Originally Filed Within Time Is Re-Presented After The Defects Are Cured: Kerala High Court

UP's Anti-conversion Law Can't Be Sustained, Has Many Defects, Says Ex-SC Judge Madan Lokur

Idea of Social Justice on Back Burner with SC Not Doing Enough, Says Former Judge Madan B Lokur

Supreme Court Dismisses Judicial Officer's Petition Alleging Unprofessional Activities By Top Court's Registry

Poland moves to near-total ban on abortion, sparking protests