Supreme court
Order II Rule 2 CPC Bar Won't Apply When Reliefs In Second Suit Are Based On A Cause Of Action Different From First Suit : Supreme Court
The Supreme Court today (Jan. 15) ruled that a subsequent suit filed on a different cause of action would not be subject to the bar under Order II Rule 2 of the Code of Civil Procedure, 1908 ("CPC"). The Court justified the filing of a subsequent suit for specific performance of an agreement to sell, following the institution of an earlier suit seeking a permanent injunction, noting that both suits were based on distinct causes of action.Order II Rule 2 CPC mandates that a plaintiff include the...
Duty Of Government & Local Authorities To Provide Basic Toilet & Sanitation Facilities Within Court Premises : Supreme Court
The Supreme Court (today on January 15), while issuing a set of directions for the construction of toilet facilities in Court premises across India, noted that the same would protect privacy and remove threats to ladies and transgender persons.The Bench of Justice JB Pardiwala and Justice R Mahadevan, passed this order while deciding a writ petition filed by Rajeeb Kalita in 2023. The petitioner, inter-alia, had sought directions against all the States and Union Territories to ensure that basic...
TN Societies Registration Act | Prior District Registrar's Approval & Identical Objectives Of Societies Not Mandatory For Amalgamation : Supreme Court
The Supreme Court observed that under the Tamil Nadu Societies Registration Act, 1975 ("Act"), it is not required for the amalgamating societies to obtain prior approval from the District Registrar before passing a special resolution, nor is it necessary for the societies to have identical objectives for the amalgamation. The bench of Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta was hearing the SLP challenging the Madras High Court's decision, which upheld the Inspector General of...
Injunction Suit Maintainable Without Declaratory Relief When Plaintiff's Title Isn't Disputed By Defendant : Supreme Court
The Supreme Court observed that a suit filed only for injunction simpliciter cannot be dismissed solely because it lacks a declaratory relief under Section 34 of the Specific Relief Act, 1963 (SRA), especially when the defendants do not dispute the plaintiffs' title. “The law is well settled that if the defendants do not dispute the title of the plaintiffs then the suit should not fail only on the ground that the matter has been filed only for injunction simpliciter and no main relief in the...
Supreme Court Advises Caution While Granting Ad-Interim Anticipatory Bail
The Supreme Court reaffirmed that Courts must exercise caution when granting interim protection to the accused while deciding anticipatory bail pleas. While holding so, the Court expressed disapproval of the High Court's decision to grant the accused the liberty to join the investigation while the anticipatory bail plea was pending and to order their release on ad-interim bail in the event of arrest by the investigating officer.“There is no point in asking the accused to go before the...
Bail In Marital Disputes Can't Be Conditional On Payment Of Maintenance : Supreme Court
In a case arising out of a matrimonial dispute, the Supreme Court recently set aside a bail condition making the husband's anticipatory bail subject to payment of maintenance to the wife."When application for bail is filed, the Court is required to impose such bail conditions which would ensure that the appellant does not flee from justice and is available to face Trial. Imposing conditions which are irrelevant for exercise of power under Section 438 of the CrPC would not therefore be...
S.113B Evidence Act | Dowry Death Can't Be Presumed Without Clear Evidence Of Incessant Harassment: Supreme Court
The Supreme Court (on January 09), while acquitting an accused of cruelty and abetment of suicide, observed that to apply Section 113B (Presumption as to dowry death) of the Indian Evidence Act, clear evidence for incessant harassment is essential. The Court stressed that in the absence of such evidence, it cannot straightaway invoke this provision. For context, the concerned portion...
Supreme Court Annual Digest 2024: BSA & Evidence Act
BHARATIYA SAKSHYA ADHINIYAM, 2023, (BSA) and THE INDIAN EVIDENCE ACT, 1872, (IEA) - SUPREME COURT ANNUAL DIGEST 2024CORRESPONDING SECTIONS and COMPARISON SUMMARYAppreciation of EvidenceThe High Court fails to appreciate evidence in a thorough manner and merely relied on a limited set of facts to arrive at a finding. In an appeal, as much as in a trial, appreciation of evidence...
