Supreme court
Res Judicata Can't Be Ground To Reject Plaint Under Order VII Rule 11 CPC : Supreme Court
The Supreme Court held that a plea of 'res judicata' cannot be decided in an application filed under Order VII Rule 11 of the Code of Civil Procedure for rejection of a plaint.The Court held that res judicata is an issue to be decided in trial and cannot be summarily decided in an application to reject the plaint.A bench comprising Justice PS Narasimha and Justice Joymalya Bagchi was hearing...
Company Which Suffered Loss Due To Offence Can File Appeal As 'Victim' Against Acquittal Under S.372 CrPC : Supreme Court
Reiterating that the victim need not necessarily be a complainant/informant for filing an appeal under proviso to Section 372 CrPC, the Supreme Court today (July 14) ruled that a company that suffers loss/damages due to acts of the accused can filed appeal against acquittal as a 'victim' under proviso to Section 372 CrPC. The bench comprising Justices Ahsanuddin Amanullah and Prashant...
Aided School Teacher's Post Akin To Post Under State Govt; Gratuity Governed By State Rules : Supreme Court
Observing that a teacher working in a government-aided school is holding a post similar to a post under the State Government, the Supreme Court held that the gratuity of an aided-school teacher would not be governed by the Payment of Gratuity Act, 1972 (“1972 Act”), but by the State service rules relating to pay and allowances.The bench comprising Justices Sudhanshu Dhulia and K....
No Illegality In Awarding Interest On Future Prospects In Motor Accident Claims : Supreme Court
The Supreme Court today (July 14) observed that there's no illegality in awarding interest on future prospects in motor accident compensation claim cases.The Court advised the insurance companies to settle the claim on a computation proactively, on receipt of intimation of the accident, at least provisionally, to avoid interest on future prospects and driving into protracted litigation."When...
'High Courts Can Suo Motu Confer Senior Designation' : Supreme Court Upholds Orissa HC's Sr Advocate Designations
The Supreme Court today(July 14) set aside the decision of the Orissa High Court, which struck down Rule 6(9) of the High Court of Orissa (Designation of Senior Advocate) Rules, 2019. Rule 6(9) gave suo moto powers to the full court of the High Court to designate an advocate as 'Senior Advocate'. The Court relied upon its recent decision in Jitender @ Kalla v. State (Govt.) of NCT of Delhi...
Secretly Recorded Telephonic Conversation Of Spouse Admissible Evidence In Matrimonial Cases : Supreme Court
The Supreme Court on Monday (July 14) set aside the Punjab & Haryana High Court's judgment that held that recording a wife's telephonic conversation without her knowledge amounts to a "clear breach" of her fundamental right of privacy and cannot be admitted in evidence before a Family Court.A bench of Justice BV Nagarathna and Justice Satish Chandra Sharma thus held that a secretly...