Order XXI Rule 16 CPC - Transferee Of Rights In Subject Matter Of Suit Can Apply For Execution Without Separate Assignment Of Decree : Supreme Court

The Supreme Court observed that the Explanation to Order XXI Rule 16 of the Code of Civil Procedure, removed the distinction between an assignment pre-the decree and an assignment post the decree.Thus, the court observed that there is no bar under Order XXI Rule 16 against assignee who acquired rights prior to decree from making an application to execute the decree.The bench comprising...

Specific Role Of Accused Not Required To Be Stated In Order Granting Prior Approval U/s 24(1)(a) KCOCA : Supreme Court

The Supreme Court observed that the specific role of the accused is not required to be stated in the order granting prior approval under Section 24(1)(a of the Karnataka Control of Organised Crimes Act, 2000.The prior approval is qua offence and not the offender as such, the bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar said while setting aside the Karnataka High...

'Conscious Possession' Under NDPS Act: Explained

A Special NDPS Court has recently rejected the bail application of Aryan Khan by holding that even while Narcotics Control Bureau did not recover any drugs in his possession, he would not be entitled to bail as he was in "conscious possession" of the drugs found with Accused No.2- Arbaaz Merchant. The Special judge observed that Khan apparently knew his friend Abaaz Merchant was...

'Young Advocates Are Suffering A Lot' : Senior Adv Fali S Nariman Supports Physical Functioning Of Courts

Amid the differences of opinion in the legal fraternity regarding the need to continue hybrid functioning of courts, Senior Advocate Fali S Nariman expressed his support for complete physical hearings.Speaking at an online lecture hosted by the Indian Law Institute-Kerala Unit in association with LiveLaw, Mr.Nariman said that if the health situation is conducive, courts must revert to...

Absconder/Proclaimed Offender Not Entitled To Anticipatory Bail: Supreme Court

The Supreme Court observed that an absconder/proclaimed offender is not entitled to relief of anticipatory bail.In this case, the Trial Court dismissed the anticipatory bail application on the ground that as the accused is absconding and even the proceedings under section 82/83 Cr.PC have been issued, the accused is not entitled to the anticipatory bail. Thereafter, the accused ...

WATCH VIDEO- Senior Advocate Fali S Nariman's Lecture On "Becoming An Advocate"

Senior Advocate Fali S Nariman will deliver the inaugural lecture of the online lecture series organized by the Indian Law Institute - Kerala State Unit in association with LIVELAW.The lecture is on the topic "Becoming An Advocate".The introductory remarks will be given by Advocate VM Syam Kumar. Advocate T Sanjay will moderate the question & answer session.The online lecture will be...

Supreme Court Refuses Bail To A Lawyer In UAPA Case For Alleged Link With ISIS, Describes The Allegations As "Serious"

Describing the allegations as "serious", the Supreme Court on Wednesday refused to grant bail to a lawyer arrested under the UAPA in 2017 in Gujarat for allegedly discussing, advocating, disseminating ISIS ideology on social media, recruiting persons, and generating funds for the organization.However, the Court directed that the trial court hold hearings twice a week and complete the trial...

'We Are Happy To See You All' : Justice Chandrachud On Lawyers Coming For Physical Hearing

"We are happy to see you all. You cannot imagine how lonely it is to see the screen every morning," Supreme Court judge Justice DY Chandrachud said on Thursday expressing happiness at seeing lawyers coming for physical hearing.Today the Supreme Court opened for complete physical hearing, for the first time since March 2020 when the Court switched to the virtual mode due to the onset of...

Mumbai Court Rejects Kangana Ranaut's Plea To Transfer Defamation Case Filed By Javed Akhtar

A Mumbai Court has rejected Kangana Ranaut's plea to transfer the defamation case filed against her by lyricist Javed Akhtar out of the 10th court Andheri.Additional Chief Metropolitan Magistrate S.T. Dande passed the order on Ranaut's plea alleging bias against the trial judge RR Khan, stating that she had "lost faith in the court". During a previous hearing, the Addl. CMM had...

Not Against Right To Protest Even When Legal Challenge Is Pending; But Roads Can't Be Blocked : SC In Farmers Protest Case

While considering a case against the road blockade as part of the farmers protests, the Supreme Court on Thursday orally remarked that it was not against the exercise of right to protest even when a legal challenge on the issue was pending."Ultimately some solution has to be found.I'm not averse to their right to protest even when legal challenge is pending. But roads cannot be blocked",...

Rs 8 Lakh Limit For EWS Making 'Unequals Equals' : Supreme Court To Centre In NEET-AIQ Case

The Central Government had to face tough questions from the Supreme Court on Thursday over its decision to adopt the criteria of annual income of Rupees 8 lakhs for determining the eligibility for Economic Weaker Sections(EWS) reservation in the NEET-All India Quota.A bench comprising Justices DY Chandrachud, Justice Vikram Nath and Justice BV Nagarathna expressed unhappiness at the Centre...

NEET-AIQ : Supreme Court Quizzes Centre About EWS Criteria [LIVE UPDATES FROM HEARING]

The Supreme Court is hearing a batch of petitions challenging EWS and OBC reservation in the NEET-All India Quota.A bench comprising Justices DY Chandrachud, Vikram Nath and BV Nagarathna is questioning the Centre about the annual income criteria of Rupees 8 lakhs adopted for determining the cut-off for EWS criteria.Stay on this page for live-updates from the...