Notice To Borrower About Intention To Sell Secured Asset And Public Notice For The Sale Can Be Issued Simultaneously: SC [Read Judgment]

There is no need to wait for the expiry of 30 days from issuance of notice of intention to sell the secured asset given to the borrower, for publication of a public notice for sale of such asset, the bench said.The Supreme Court, in Canara Bank vs. M. Amarender Reddy, has held that it is permissible to simultaneously issue notice to the borrower about the intention to sell the secured assets...

Plea Under Order 2 Rule 2 CPC Sustainable Only If Plaint In Earlier Suit Is Proved: SC [Read Judgment]

Filing of the plaint of earlier suit and proving it as per law is imperative to sustain the plea of Order 2 Rule 2 CPC, the bench said.Restating the law laid down in Gurbux Singh vs. Bhooralal, the Supreme Court, in Jayantilal Chimanlal Patel vs. Vadilal Purushottamdas Patel, has said it is mandatory that to sustain a plea under Order 2 Rule 2 of the Code of Civil Procedure, the defendant...

Only Plaintiff’s Pleadings Can Be Looked Into For Order VII Rule 11 CPC Enquiry: SC [Read Judgment]

Under Order VII Rule 11, the court has to take a decision looking at the pleadings of the plaintiff only and not on the rebuttal made by the defendant or any other materials produced by the defendant, the court said.The Supreme Court, in Kuldeep Singh Pathania vs. Bikram Singh Jarya, has held that for an enquiry under Order VII Rule 11 (a) of Code of Civil Procedure, only the pleadings of...

New Adoption Regulations Will Be Effective From Tomorrow: Read Salient Features

The New Adoption Regulations, 2017 will be effective from 16 January 2017. The Regulations were framed by ‘Central Adoption Resource Authority’ (CARA) as mandated under section 68 (c) of Juvenile Justice (Care and Protection of Children) Act, 2015Salient features of the Adoption Regulations, 2017:-a) Procedures related to adoption by relatives both within the country and abroad have...

#Demonetisation: Read Nine Questions Referred to Constitution Bench [Read Order]

A three Judge Bench of the Supreme Court headed by Chief Justice TS Thakur on Friday referred the following questions relating demonetisation to the consideration of constitution bench.(i) Whether the notification dated 8th November 2016 is ultra vires Section 26(2) and Sections 7,17,23,24,29 and 42 of the Reserve Bank of India Act, 1934;(ii) Does the notification contravene the provisions...

Read Supreme Court Directions On High Way Liquor Ban [Read Judgment]

The Supreme Court of India on Thursday directed the Centre and State Governments to ban sale of liquor along national and state highways.Here are the directions issued by the three Judge bench headed by Chief Justice Thakur in State of Tamil Nadu Vs K.Balu;(i) All states and union territories shall forthwith cease and desist from granting licences for the sale of liquor along national and...

16 Guidelines Issued By Supreme Court In The Matter Of Investigation Of Police Encounters

Supreme Court of India in PUCL VS State of Maharashtra had issued the following Guidelines in the matters of investigating police encounters as the standard procedure for thorough, effective and independent investigation.(1) Whenever the police is in receipt of any intelligence or tip-off regarding criminal movements or activities pertaining to the commission of grave criminal offence, it...

All you need to know about the new Mental Healthcare Bill, 2016 [Read the Bill]

The Mental Healthcare Bill, 2016 was passed by Rajya Sabha last week, and is expected to be discussed in Lok Sabha during next session. The Bill repeals the existing Mental Health Act, 1987, which is vastly different in letter and spirit. The Act of 1987 had been widely criticised for proving to be inadequate to protect the rights of mentally ill persons. Here are certain things you need to know about the new Bill:1. Mental Healthcare Bill seeks to decriminalise the Attempt to Commit...

Bharat Bandh: Know your rights and duties during Hartal

Are you legally bound to stay put in your home on a hartal day? Is it legal to bring essential services like banking and public transport to a grinding halt? What are your rights and duties on a hartal day? To know, read on…Over 15 crore workers in central public sector undertakings are expected to go on a nation-wide strike today in response to the Bharat Bandh call by 10 Left-affiliated unions in protest against ‘anti-labour’ policies of the government, bringing normal life to a halt. The...

Salient Features of Motor Vehicles Amendment Bill 2016

The Motor Vehicles(Amendment) Bill 2016, introduced in the Lok Sabha by the Union Minister of Road Transport and Highways, Sri. Nitin Gadkari, on 09.08.2016, seeks to bring about comprehensive changes in the present Motor Vehicles Act. The salient features of the Bill are as follows :-Limits on insurer’s liabilityThe proposed amendment seeks to put a cap on the liability to be borne by insurance companies in respect of third party claims. As per the present Act, the liability of the insurer for...

15 Facts Everyone should know about Indian Sedition Law

1. Section 124A in Chapter VI of Indian Penal Code deals with the Offence ‘Sedition’. Chapter VI deals with ‘Offences against the State'.2. The word ‘Sedition’ is not mentioned in 124A. The Section reads as follows;124-A. Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffec­tion towards, the Government established by law in India, shall be punished with...

In SPS Rathore Case, SC Addresses Three Vital Questions Of Law

In SPS Rathore vs. CBI & Ors., the Supreme Court has dealt with three important questions of law in respect of ingredients of Section 354 IPC, admissibility of former statements u/s 157 Evidence Act and evidentiary value of expert opinion by a handwriting expert.Live Law had reported on Friday about the upholding of conviction of former DGP of Haryana SPS Rathore in Ruchika Girhotra molestation case, though his sentence was reduced from one and half years to the sentence already served. Read...