Supreme court
Judgment Debtor Can't Raise Objections In Instalments; Res Judicata Applicable To Execution Proceedings : Supreme Court
The Supreme Court has observed that the principle of res judicata will apply to execution proceedings as well. The Court added that a judgment debtor cannot raise objections to executions in installments.A bench comprising Justices Hemant Gupta and V Ramasburmanian made this observation while rejecting a new objection raised by a judgment-debtor against the auction-sale proceedings in the...
'We Don't Know Where Money Deposited In PM CARES Fund Is Going' :Justice Lokur Expresses Concerns About Subversion Of RTI
To highlight concerns about the subversion of the Right To Information Act, former Supreme Court judge Justice MB Lokur cited the instance of lack of information about the funds in the PM CARES Funds."How there is no information out in the public domain about how crores and crores of money that has been donated by average citizens and big business is being spent?", he said. He said that we...
No Limitation Period In Case Of A Usufructuary Mortgage : Supreme Court
The Supreme Court has observed that there is no limitation period in case of a usufructuary mortgage.A bench comprising Justices Hemant Gupta and V Ramasubramanian was dealing with an appeal filed by a mortgagee, who claimed ownership of the mortgaged property on the ground that 45 years had elapsed after the mortgage.The Supreme Court noted that the Full Bench of Punjab and Haryana High...
Centre Notifies Appointments Of New Judges To Allahabad, Madras and Gauhati High Courts
The Central Government has notified the appointments of 8 judges to Allahabad, 4 judges to Madras and 8 judges to Gauhati High Courts.For Allahabad High Court :1. Chandra Kumar Rai, Advocate2. Krishan Pal, Advocate.3. Sameer Jain, Advocate.4. Ashutosh Srivastava, Advocate5. Subhash Vidyarthi, Advocate.6. Brij Raj Singh, Advocate.7. Shree Prakash Singh, Advocate8. Vikas Budhwar,...
Consumer Complaint Not Maintainable Against Power Distributor For Raising Additional Bill Due To Short Assessment : Supreme Court
The Supreme Court has held that a consumer complaint is not maintainable against a power distributor for raising an additional bill on account of short-assessment.A bench comprising Justices Hemant Gupta and V Ramasubramanian agreed with the finding of the National Consumer Disputes Redressal Commission that the raising of additional bill did not amount to "deficiency in service" as defined...
SLP Only Against A Review Order Not Maintainable, Reiterates Supreme Court
The Supreme Court reiterated that a special leave petition against only a review order passed by High Court is not maintainable.In this case, the SLP against the original order passed by the Allahabad High Court was dismissed by the Apex Court on 18.12.2020 without granting any specific liberty to file a review application before the High Court. The petitioners thereafter filed a...
'Crisis Of Credibility' Is The Challenge Faced By Indian Judiciary At Present: Justice Abhay Oka
Justice Abhay S Oka, who was recently appointed judge of the Supreme Court, has said "crisis of credibility is a challenge being faced by the judiciary at present and members of the legal profession should ensure the backlog of cases because of the COVID-19 pandemic is cleared."He was speaking at a function organised on Monday evening by the Thane District Courts Bar Association here...
Can Ancestral Property Of Accused Be Attached Under PMLA Act? Supreme Court Issues Notice In SLP
Can ancestral property of the accused be attached under the Prevention of Money-laundering Act, 2002 ? Can a property which is in no way connected to "proceeds of crime" be attached ?The Supreme Court has issued notice in the Special Leave Petition filed by the Directorate of Enforcement challenging a judgment of the Karnataka High Court.The expression "proceeds of crime" is defined in...
BREAKING : Delhi High Court Dismisses Petition Challenging Rakesh Asthana's Appointment As Delhi Police Commissioner
The Delhi High Court today dismissed a petition which challenged the appointment of IPS Officer Rakesh Asthana as the Commissioner of Delhi Police. A division bench comprising Chief Justice DN Patel and Justice Jyoti Singh dismissed the petition filed by one Sadre Alam. The NGO 'Centre for Public Interest Litigation' had intervened in the petition through Advocate Prashant...
Retrial Can Be Directed Only In 'Exceptional' Circumstances To Avert Miscarriage Of Justice: Supreme Court Formulates Principles
In a judgment delivered recently, the Supreme Court formulated principles regarding the power of a court to order retrial in a criminal case.The court observed that retrial can be directed only in 'exceptional' circumstances to avert a miscarriage of justice. If a matter is directed for re-trial, the evidence and record of the previous trial is completely wiped out, the bench of Justices...
Relief Against Third Party Can't Be Claimed In Proceedings Between Husband & Wife Under Hindu Marriage Act : Supreme Court
The Supreme Court has held that in a proceedings under the Hindu Marriage Act between a husband and a wife, a relief against a third party cannot be claimed.The Court held so while rejecting a wife's plea to seek a declaration that the alleged marriage between her husband and another woman was void."Under the provisions of the Hindu Marriage Act, the relief of divorce, judicial separation...
Incomplete Records Being Furnished To Amicus Curiae & Other Counsels: Supreme Court Issues Directions To Ensure Qualitative Legal Aid
Taking note of the problem of incomplete records being furnished to counsel from the panel of Amicus Curiae or those engaged by the Supreme Court Legal Services Committee, the Supreme Court on Friday was impelled to issue a string of directions to ensure good and qualitative assistance in legal aid matters. The bench of Justices U. U. Lalit and Ravindra Bhat was hearing a jail petition in...