Supreme court
Order 39 Rule 1 CPC: Can A Defendant Seek Injunction In A Suit Filed By Plaintiff? SC Issues Notice
Can a defendant in a suit seek injunction under Order XXXIX of the Code of Civil Procedure, the Supreme Court has issued notice in a special leave petition which raised this issue.In this case, the plaintiffs, who approached the Apex Court, contended that in view of Order XXXIX Rule 1(c) CPC, a defendant cannot.Their appeals against a Trial Court order which allowed the injunction...
"Some Want Courts To Open, Others Do Not": Supreme Court On Plea Seeking Declaration Of VC Hearing As Fundamental Right
The Supreme Court's Chief Justice led Bench today observed that the Bar is presently divided on the issue of continuation of virtual court hearing of cases and that the lawyers have expressed different point of views regarding the decision of the courts to revert to the physical hearing of the cases. The Bench of Chief Justice of India NV Ramana and Justice Surya Kant observed thus when...
To Say 'Skin-To-Skin' Contact Is Necessary For POCSO Offence Will Mean An Abuser Wearing Gloves Getting Acquittal : Attorney General
The Attorney General for India KK Venugopal urged the Supreme Court on Tuesday to reverse the controversial judgment of the Bombay High Court which held that the offence of sexual assault under POCSO will not be attracted if there is no direct 'skin to skin' contact between the accused and the child.Terming the judgment a "dangerous and outrageous precedent", the Attorney General submitted...
1984 Anti-Sikh Riots : Supreme Court Asks CBI To Verify Medical Condition Of Ex-Congress Leader Sajjan Kumar In His Bail Plea
The Supreme Court today has asked CBI to verify the medical condition of ex-Congress leader Sajjan Kumar, convicted in 1984 anti-Sikh Riots case who is seeking interim bail on health grounds. The division bench of Justices SK Kaul and Hrishikesh Roy has also asked the investigation agency to file an affidavit by September 6, 2021. Citing that it was no small case, a bench of...
Supreme Court Strikes Down Haryana Notification Creating Sub-Classification Within OBC Non-Creamy Layer
The Supreme Court on Tuesday struck down the notification dated August 17, 2016 issued by State of Haryana which gave preference within the non-creamy layer to persons of the category having annual income up to Rs.3,00,000/- in the matter of admissions and services. The Court has directed the State to issue a fresh notification within a period of 3 months. However, the bench has...
EPF Pension Case : Supreme Court Refers EPFO Appeals to 3-Judge Bench
A 2-judge bench of the Supreme Court on Tuesday referred to a 3-judge bench the appeals filed by Employees Provident Fund Organization and Union of India, challenging the judgments of various High Courts which quashed the Employee's Pension (Amendment) Scheme, 2014."We have said that questions that arise are whether there will be cut off date or not for the option under(Paragraph 11(3) of...
'Not Even A Semblance of Explanation For Delay': SC Admonishes Himachal Govt For 636 Days Delay In Filing Appeal Against 2018 POCSO Acquittal Judgment
The Supreme Court on Monday admonished the State of Himachal Pradesh for a delay of 636 days in filing an appeal against a High Court order acquitting an accused in a case under the Protection of Children against Sexual Offences Act, 2012 (POCSO Act). A fine to the tune of Rs 25,000 was also imposed on the State government for the unjustified delay. A Bench comprising Justices Sanjay...
Special NIA Court Rejects Interim Bail Pleas Of Anand Teltumbde and Gautam Navlakha
The Special NIA Court has rejected temporary bail pleas of professor Anand Teltumbde and journalist Gautam Navlakha, accused in the Bhima Koregaon - Elgar Parishad caste violence Case. In their applications sent directly from prison, the two sought to be released temporarily citing their age and vulnerability to Covid-19. The pleas were filed pursuant to directions from the...
Khori Gaon Demolition: Supreme Court Adjourns Hearing For Two Weeks, Directs To Complete Evictions By Then
The Supreme Court on Monday adjourned for two weeks pleas filed in relation to the demolition of 10,000 houses that have been planned by the Municipal Corporation of Faridabad at Khori Gaon in Faridabad, Haryana. A Division Bench of Justice AM Khanwilkar and Justice Dinesh Maheshwari while allowing an adjournment for 2 weeks has asked the Municipal Corporation of Faridabad to complete...
Framed By Press; Delhi Police Case Based On Truncated Speech Clips Shown By Republic TV, News18 : Umar Khalid In Bail Hearing
Seeking bail in the Delhi riots larger conspiracy case involving charges under UAPA, student activist Umar Khalid told a Delhi Court that the entire chargesheet filed by Delhi Police in FIR 59/2020 is a fabrication and that the case against him is based on the video clips run by Republic TV and News 18 showing a truncated version of his speech. Refuting the prosecution's allegations,...