Order IX Rule 13 CPC : Supreme Court Holds Defendant Who Refused Summons Not Entitled To Seek Setting Aside Of Ex-Parte Decree

The Supreme Court has set aside a judgment of the High Court, which had allowed the setting aside of an ex-parte decree under Order IX Rule 13 of the Code of Civil Procedure.In this case, the defendant had refused to accept the summons issued in the suit. After the suit was decreed ex-parte, execution proceedings were initiated. The defendant duly acknowledged the receipt of auction notice...

Samrat Mihir Bhoj 'Caste' Row- "Should A National Hero's Statue Installed With Public Funds Contain Caste In Its Description?": MP HC Asks Committee To Examine

The Madhya Pradesh High Court has directed an enquiry committee to examine whether the Statute of a National Hero installed over a public place (through Public Funds) can be referred with caste attached to its description.The Court ordered thus while dealing with a matter pertaining to the dispute that erupted between two communities (Gurjars and Kshatriyas) over the title/nomenclature to...

Jantar Mantar Sloganeering Case- Delhi High Court Issues Notice On Sushil Kumar Tiwari's Bail Plea

The Delhi High Court on Wednesday issued notice on the bail plea filed by Sushil Kumar Tiwari, accused in connection with the alleged inflammatory and anti-Muslim sloganeering at Jantar Mantar.Justice Mukta Gupta sought status report in the matter while posting the matter for further hearing on October 26.The development came after Tiwari's bail was rejected by a Sessions Court vide order...

'We Cannot Allow People To Suffer And Die. There Are Children, People Suffering From Asthma' : Supreme Court To Firecracker Manufacturers

The Supreme Court on Wednesday admonished top six firecracker manufacturers in the country for the use of barium salts in fireworks in 'flagrant violation' of the Court's earlier orders. The Court was hearing an application alleging violation of the order dated February 10, 2017 banning the use of certain chemicals that were dangerous & beyond safety limits in the fireworks by...

Delhi High Court Sets Aside Appointment Of Prof. Mazhar Asif As Acting Chairperson Of JNU's Centre Of Spanish & Latin American Studies

The Delhi High Court has set aside the appointment of Professor Mazhar Asif as the Acting Chairperson of Centre of Spanish, Portuguese, Italian and Latin American Studies in the Jawaharlal Nehru University.Justice V Kameswar Rao disposed of the petition filed by Rajiv Saxena, a Professor at the Centre, assailing decision of the JNU wherein it had concluded that no professor at the Centre...

Provision For Upper Age Limit Is Mandatory & Can't Be Relaxed; Eligibility Criteria For Public Appointment Must Be Uniform : Supreme Court

"Appointments to public posts should be strictly in accordance with Articles 14 and 16 of the Constitution of India", the Court said.

'Non Compoundable' Criminal Cases Of Predominantly Private Nature Can Be Quashed U/s 482 CrPC Even If Compromise Is Reached After Conviction: Supreme Court

The Supreme Court observed that a High Court can quash criminal proceedings in exercise of its inherent powers under Section 482 Cr.P.C., even if the offences are non-compoundable and the compromise is reached after conviction.The bench headed by CJI NV Ramana added that criminal proceedings involving non-­heinous offences or where the offences are predominantly of a...

'Skin To Skin' Contact Not Necessary For POCSO Offence : AG, NCW Argue Before Supreme Court

"POCSO is a special law intended to protect children who are far more vulnerable and that is why one cannot look at S.354 of the IPC and say its similar in nature", AG KK Venugopal argued.

Kerala High Court Disposes Plea Questioning Practices Related To Engaging Foreign Pilots On Contract In Indigo Airlines

The Kerala High Court on Wednesday directed a former Indigo Airlines Captain, a Portuguese national who had questioned practices related to engaging foreign pilots on contract by the Airlines, to approach the appropriate authorities.Justice P.V Kunhikrishnan allowed the petitioner to approach the appropriate forum regarding the contentions raised over alleged violation of laws by the...

'Country Made Pistol Hardly Satisfies Description Of Prohibited Arms': Bombay HC Grants Bail To Rtd. Delhi ACP In Pro-Khalistan Terror Case

The Bombay High Court on Wednesday granted bail to a retired ACP from Delhi, Sunderlal Parashar (62), accused by the National Investigation Agency of providing arms to a man who was allegedly a part of the pro-Khalistan movement. A division bench of Justices SS Shinde and NJ Jamadar allowed Parashar's appeal under section 21(4) of the NIA Act, challenging the rejection of his...

'Constitutional' Power To Punish For Contempt Cannot Be Taken Away Even By Legislative Enactment: Supreme Court

The Supreme Court observed that its power to punish for contempt is a constitutional power which cannot be abridged or taken away even by legislative enactment.Motivated and calculated attempts to bring down the image of the judiciary in estimation of public and impair the administration of justice must bester themselves to uphold their dignity and the majesty of law, the Supreme Court...

Interest Under Customs Act Statutory, Cannot Be Waived Unless Authorised By Act: Kerala High Court

The Kerala High Court has ruled that a Court cannot waive the payment of interest while exercising its jurisdiction under Article 226 of the Constitution, since it is a statutory imposition. Justice Gopinath P dismissed a plea seeking a waiver of interest imposed by the respondent authorities on the petitioner for its failure to meet the export requirements under an advance...