Supreme court
Order XLI Rule 4 CPC No Shield Against Abatement In Joint Appeals Without Substitution Of Deceased Party's LRs : Supreme Court
The Supreme Court on Friday (July 18) clarified that a remedy under Order XLI Rule 4 CPC (which allows one party to appeal on behalf of others if the decree is based on common grounds) does not apply when all defendants jointly appeal and one dies without substitution. The bench comprising Justices PS Narasimha and Manoj Misra heard the case where the Appellants/defendants challenged the MP High Court's decision dismissing their Second Appeal as abated as per Order XII Rule 3 CPC, on the ground...
NDPS Act | S.32B Doesn't Restrict Trial Court's Power To Impose Sentence Higher Than Statutory Minimum: Supreme Court
The Supreme Court, on 17 July, clarified that Section 32B(factors to be taken into account for imposing higher than the minimum punishment) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS Act") does not restrict the trial court's power in awarding a sentence higher than the minimum of ten years. To state briefly, the Appellant was convicted along with another accused by the Special Judge (NDPS) under Section 21(c) of the NDPS Act for being in possession of 236 vials of...
Supreme Court Half Yearly Digest 2025 -Code Of Civil Procedure, 1908
Code of Civil Procedure, 1908Order VII Rule 11 – Rejection of Plaint – Multiple Causes of Action – Whether a plaint can be rejected under Order VII Rule 11 CPC solely because one of the reliefs sought is legally untenable, when other reliefs are maintainable and arise from independent causes of action. Held, a plaint cannot be rejected in its entirety under Order VII Rule 11 CPC...
MP Entry Tax Act | Manufacturers Liable For Entry Tax As They “Cause Entry” Of Liquor Into Local Areas : Supreme Court
The Supreme Court upheld the MP High Court's decision to levy the 'entry tax' on the beer and Indian Made Foreign Liquor (“IMFL”) manufacturers for transporting goods into local areas for sale. The Court reasoned that the liquor manufacturers "cause entry" of goods into local areas, making them liable for tax under Section 2(3) of the Madhya Pradesh Sthaniya Kshetra Me Mal Ke Pravesh Par...
'Appeal Fully Abates If LRs Of Deceased Party In Joint Decree Not Substituted', Supreme Court Summarises Law On Suit Abatement
In a notable ruling delivered on Friday (July 18), the Supreme Court held that when a joint and indivisible 'decree' is passed involving multiple plaintiffs or defendants, the entire appeal will abate as per Order XII Rule 3 of Code of Civil Procedure (“CPC”) if the legal representatives of any deceased party are not substituted in time. The Court reasoned that failure to bring the...
Why Women Committing Crimes Due To Societal Constraints Need To Be Seen From A Reformative Approach: Supreme Court Explains
The Supreme Court, in a recent decision, observed that a reformative approach has to be adopted towards women who commit crimes under social circumstances, especially in cases of marriage against their will. The Court also emphasised how gendered inequalities and societal norms may alienate a woman and restrain her from pursuing her freedom, which in turn may lead her to commit defiant...
Supreme Court Expunges Rajasthan HC's Critical Remarks Against Magistrate Over Bail Order
The Supreme Court granted relief to a Judicial Officer from Rajasthan, by expunging the adverse commens passed against him by the High Court in an order.The High Court, while rejecting a bail application, passed strictures against the Officer, a Judicial Magistrate, criticising the manner in which bail was granted to a co-accused in the case. The High Court observed that bail was granted in...
'How Many Times High Courts Are To Be Reminded?' : Supreme Court Anguished At HC Not Quashing FIR Over Civil Dispute
The Supreme Court criticised the Allahabad High Court for directing a film producer to pay Rs. 25 lakh to a complainant as a precondition for referring a dispute to mediation while dealing with a plea for quashing of a cheating FIR, despite the dispute being civil in nature.A bench of Justice J.B. Pardiwala and Justice R. Mahadevan observed that the High Court seems to have forgotten...
Make Rule Mandating Disclosure Of Antecedents & Earlier Pleas In Bail Applications : Supreme Court To High Courts
The Supreme Court on Friday (July 18) suggested to all High Courts to incorporate a rule that accused persons should mandatorily mention in their bail applications the earlier bail applications, if any, filed by them, and also their criminal antecedents.The Court cited a provision of the Punjab and Haryana High Court Rules as an example. The said Rule, Rule 5 of Chapter 1-A(b) Volume-V of...
SARFAESI Act | Tenant Cannot Resist Eviction Without Establishing Tenancy Was Created Before Mortgage : Supreme Court
In a key ruling favouring secured creditors, the Supreme Court held that a tenant cannot resist eviction under the SARFAESI Act unless the tenancy is established before the mortgage creation. The bench of Justices P.S. Narasimha and Joymalya Bagchi allowed the appeal filed by PNB Housing Finance Ltd., overturning a Calcutta High Court decision that had restored possession of a...