When Does Limitation For Application Under Order XXI Rule 95 CPC Start? Supreme Court Refers To Larger Bench, Doubts '96 Precedent

The Supreme Court recently referred a pertinent question of law for reconsideration by a larger bench. The court grappled with the question of determining the starting point of limitation for filing an application under Rule 95 of Order XXI of CPC, 1908. These provisions relate to a situation where property of a person is sold through public auction to satisfy a decree passed by the court.In...

RERA : Supreme Court Seeks Responses Of States/UTs Which Haven't Established Real Estate Regulatory Authority, Appellate Tribunals

Last week, the Supreme Court sought the responses of the chief secretaries to the state governments of Meghalaya and Sikkim and the union territory administration of Ladakh with respect to their failure to establish regulatory authorities as well as appellate tribunals under the Real Estate (Regulation and Development) Act, 2016. Responses have also been sought from the states...

Partition Can Also Be Effected Under A Settlement Or Oral Understanding : Supreme Court

The Supreme Court observed that a partition can also be effected under a settlement or oral understanding. There is no prohibition to effect a partition otherwise than through an instrument in writing by duly complying with the requirement of law, the bench of Justices Bela Trivedi and SV Bhatti said.In this case, the plaintiff, a woman, filed a suit praying for a declaration that she is...

Order XVII Rule 2 CPC -Court Can Proceed Only Against An Absent Party Whose Evidence Has Been Substantially Recorded : Supreme Court

The Supreme Court observed that, under explanation to Order XVII Rule 2 of the Code of Civil Procedure, the court can record the presence of that party alone who has led evidence or substantial evidence and thereafter failed to appear."Under Order XVII Rule 2, the Court would proceed to pass orders with respect to any of the parties being absent or both the parties being absent. Whereas...

'Judiciary Should Contribute Beyond Judicial Sphere': MP High Court CJ Ravi Malimath Launches Initiative "Boond" To Help Underprivileged

Madhya Pradesh High Court Chief Justice Ravi Malimath launched the "Boond" initiative in his Independence Day address. CJ said that under this initiative, all the sitting judges of the Madhya Pradesh High Court have unanimously decided that each judge will contribute Rs 5,000 from his monthly salary for the upliftment of the underprivileged. CJ Malimath said, “At present, we have a strength...

Supreme Court Dismisses PIL Seeking Mandatory Pre-Litigation Mediation

The Supreme Court on Monday(August 14) dismissed a Public Interest Litigation (PIL) that sought for directions for mandatory pre-litigation mediation in certain matters such commercial cases, partition suits, probation petitions. The PIL had also sought for guidelines or a Standard Operating Procedure (SOP) to give effect to pre-litigation mediation. The Court observed that provisions...

Nuh Violence: Haryana Court Sends Cow Vigilante Bittu Bajrangi To 1-Day Police Custody

A Court in Haryana’s Nuh District today sent Cow vigilante/Bajrang Dal leader Raj Kumar (alias Bittu Bajrangi) to one-day police custody a day he was arrested by state police in connection with the communal clashes that occurred during a religious yatra in the district on July 31.Bajrangi was arrested on Tuesday in a fresh FIR lodged against him on a complaint by ASP alleging that...

'Gautam Das' Remark Against PM Modi: Lucknow Court Grants Bail To Congress Leader Pawan Khera

A Court in Uttar Pradesh’s Lucknow today granted bail to Congress Spokesperson Pawan Khera in the case lodged against him for his alleged 'Narendra Gautam Das Modi' remark made against Prime Minister Narendra Modi in February this year. Khera was directed to be released on bail by the Court of Chief Judicial Magistrate, Lucknow today after he appeared before the court and submitted...

No Abuse Of Dominance: CCI Dismisses Complaint Against Hero Fincorp, Citing No Contravention Of Section 4 Of The Competition Act

The Competition Commission of India (CCI) presided by Ms. Ravneet Kaur (Chairperson), Ms. Sangeeta Verma (Member), and Mr. Bhagwant Singh Bishnoi (Member) closed the complaint filed by Synco Industries Limited (Informant) against Hero FinCorp Ltd. (Hero FinCorp) alleging contravention of the provision of section 4(1) of the Competition Act, 2002 (Act). Brief Facts: The Informant,...

Gujarat High Court Expands Hybrid Mode Of Hearing For Additional Benches

The Gujarat High Court, in continuation of its previous Circulars, has notified the expansion of hybrid mode of hearing of cases.As per approval and directions of the Chief Justice, in the pilot implementation exercise of hybrid mode currently going on for the benches presided over by Chief Justice Sunita Agarwal and Justice Biren A. Vaishnav, the following Benches have been included for...

Bar Council Of India Announces AIBE XVIII To Be Conducted On October 29, Online Registration Started

The Bar Council of India (BCI) has released the official notification regarding the schedule of the All India Bar Examination - XVIII.The All India Bar Examination - XVIII is scheduled to be held on October 29, 2023.The online registrations for the examination will start from August 16, 2023 on the official website of the Bar Council of India. The Registration Portal will start after 5:00...

Excise Duty Exemption | To Determine If A Product Falls Under Description "Intravenous Fluids”, Its Composition & Not Its Use Matters : Supreme Court

The Supreme Court has ruled that in order to determine whether a product would fall under the description of “Intravenous Fluids” so as to be eligible for exemption from excise duty, it is the composition of the product in question which is relevant and not whether the product is used for treatment of any particular disease.The top court made the observation while ruling that the...