Ayodhya, Sabarimala, Rafale & More : CJI Gogoi To Deliver Important Judgments In 8 Working Days Left Before Retirement

The Chief Justice of India Ranjan Gogoi has to deliver judgments in six important cases in the eight working days left before his retirement on November 17.The Supreme Court is currently on Diwali vacation and will resume working from November 4.The most keenly awaited one is the judgment in the Ayodhya-Babri Masjid title dispute case. The five judges bench presided by CJI Gogoi had...

Limitation To File Appeal To Be Computed On The Basis Of Endorsement As Contained In Certified Copy Of Impugned Order: SC [Read Order]

The Courts are obliged to compute the limitation on the basis of the endorsement as contained in the certified copy, observed Supreme Court recently while dismissing a Special Leave Petition.In this case, the Bombay High Court upheld the order of a District Court which dismissed an application to dismiss an appeal on the ground of the same being barred by limitation. The limitation period...

President Appoints Justice SA Bobde As The Next Chief Justice Of India

The President Ram Nath Kovind on Tuesday signed the warrant appointing Justice Sharad Arvind Bobde as the next Chief Justice of India.Following the retirement of the the present CJI Ranjan Gogoi on November 17, Justice Bobde will take oath as the 47th Chief Justice of India on November 18. As CJI, he will have a term of one year and five months till April 23, 2021.Last week, CJI Gogoi...

Entirety Of Plaint Averments Have To Be Taken Into Account While Considering A Plea Seeking Rejection Of Plaint: SC [Read Order]

The entirety of the averments in the plaint have to be taken into account while considering a plea seeking rejection of plaint, the Supreme Court has reiterated.As per Order VII Rule 11 of the Code of Civil Procedure, a plaint shall be rejected in the following cases:-(a) where it does not disclose a cause of action; b) where the relief claimed is undervalued, and the plaintiff, on being...

Magistrate Cannot Assume Jurisdiction U/s 125 CrPC In A Proceedings U/s 20 Of Domestic Violence Act: SC [Read Order]

Can a Magistrate after rejecting a plea seeking maintenance under Domestic Violence Act assume jurisdiction under Section 125 of the Criminal Procedure Code and grant maintenance?This was the issue before the Apex Court in P. Rajkumar vs. Yoga @ Yogalakshmi, in which it answered in the negative. In this case, the claim for maintenance under section 20 of the Act was specifically negatived by...

Power To Condone Delay Under Sec 5 Limitation Act Applies To Special Or Local Laws If It Is Not Expressly Excluded : SC [Read Judgment]

The Supreme Court has reiterated that the power to condone delay under Section 5 of the Limitation Act is applicable to proceedings under special or local laws if it is not expressly excluded by such laws.Applying this principle, the bench comprising Justices Arun Mishra, M R Shah and BR Gavai held that Section 5 of the Limitation Act can be invoked to condone the delay in filing revision to...

Service Of Notice On The Chartered Accountant Of A Company Who Acts As Its Agent Is Due Service : SC [Read Judgment]

Holding that service of notice on the Chartered Accountant of a company who is acting as its agent is valid service of notice, the Supreme Court refused to recall a judgment which was passed ex-parte.The order was passed by a bench comprising Justices U U Lalit and Indu Malhotra in the case Principal Commissioner of Income Tax (Central) - I vs NRA Iron and Steel Pvt Ltd.The company filed...

Does A Magistrate Have Jurisdiction To Change The Investigation Team? SC Issues Notice

Does Judicial Magistrate acting under Section 156(3) of the Code of Criminal Procedure have jurisdiction to order a change in the investigating team? The Supreme Court will hear a Special Leave Petition raising this issue. A person had approached the High Court with a prayer to transfer an investigation in a crime currently conducted by Dungra Police Station, to any independent agency like...

Supreme Court Weekly Round-Up

SC Grants Bail To Chidambaram In CBI Case In INX Media Scam [P Chidambaram V. CBI] The Supreme Court granted bail to former Union Finance Minister P Chidambaram in the case registered by CBI on corruption allegations in relation to INX Media FDI transaction. The bench comprising Justices R Banumathi, A S Bopanna and Hrishikesh Roy had reserved judgment on October 18 in his...

Murder By Poisoning : Is Conviction Possible Even Without Detecting Poison In The Body Of The Deceased?

A discussion on a notable case which shows how conviction for murder by poisoning can be based solely on circumstantial evidence.

Ouster Of Civil Court Jurisdiction: SC Reiterates Tests Formulated In 1968 Constitution Bench Judgment [Read Judgment]

"Exclusion of the jurisdiction of the Civil Court is not readily to be inferred."

Courts Should Be Conscious Of Bureaucratic Delays While Considering Delay Condonation Pleas By State: SC [Read Order]

If the appeal filed by State are lost for individual default, those who are at fault, will not usually be individually affected.