Supreme court
Order VII Rule 11 CPC | Partition Suit Can't Be Dismissed At Preliminary Stage If Benami Exception Is Pleaded : Supreme Court
The Supreme Court held that a suit filed seeking partition of joint family property cannot be dismissed at the preliminary stage under Order VII Rule 11 of the CPC when a plea was taken that such property is saved by the exception to the benami transaction. The Court reaffirmed the principle that a plaint can only be rejected under Order VII Rule 11(d) if it is "ex facie barred by law"...
Consider Permanent Forum For Consumer Disputes With Sitting Judges; Frame New Rules On Appointments : Supreme Court To Union
In a significant development, the Supreme Court today (May 21) issued directions to reform the appointment and functioning of Consumer Commissions, while granting interim relief to existing members and ordering the Union of India to explore the possibility of setting up a permanent tribunal system for consumer disputes. The bench comprising Justices Abhay S Oka and MM Sundresh directed the...
''First Approach President & PM' : Supreme Court Rejects Plea For FIR Against Justice Yashwant Varma Over Cash Row
The Supreme Court on Wednesday (May 21) dismissed a writ petition filed by a few advocates seeking registration of FIR against Justice Yashwant Varma pursuant to the in-house inquiry into the allegations of recovery of illicit cash currencies from his official residence.A bench of Justice Abhay Oka and Justice Ujjal Bhuyan noted that the Chief Justice of India has already forwarded the report...
Juvenile Justice Board Has No Power To Review Its Orders : Supreme Court
The Supreme Court today (May 20) ruled that the Juvenile Justice Board (JJB) has no authority to review its own decisions or adopt a contradictory stance in later proceedings, as the JJB is not vested with any review jurisdiction under the law. The bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan passed the judgment while deciding a case where the JJB took into account date...
Can Third Party Invoke Order XXI Rule 97 CPC ? Supreme Court To Settle Conflicting Views
The Supreme Court recently issued a notice in a plea highlighting the judicial inconsistency between two decisions concerning the interpretation of Order XXI Rule 97 CPC, which deals with resistance or obstruction to the execution of a decree. At the outset, the Court highlighted a conflict between two of its prior rulings. In Brahmdeo Choudhary v. Rishikesh Prasad Jaiswal (1997) 3 SCC 694,...
Supreme Court Increases LDCE Quota For Promotion Of Civil Judges, Reduces Qualifying Service
The Supreme Court on Tuesday directed that the quota for Limited Departmental Competitive Examination for promotion as District Judges from the cadre of Civil Judge (Senior Division) be increased from 10% to 25%.The Court directed all High Courts and State Governments to amend their service rules to this effect.Also, the minimum qualifying service period required for a Civil Judge...