Negotiable Instruments Act: Heavy Burden Cannot Be Placed On The Complainant To Prove The Debt: SC [Read Order]

The Supreme Court has reiterated that while dealing with a complaint filed under Section 138 of the Negotiable Instruments Act, heavy burden cannot be placed on the complainant to prove the debt.In this case [Pavan Diliprao Dike vs. Vishal Narendrabhai Parmar], the magistrate dismissed the complaint on the ground that the complainant has failed to prove that the cheque which...

Order IX Rule 13 CPC: Can A Person Who Is Not Party To Suit File Application To Set Aside Ex-Parte Decree? SC To Examine [Read Order]

The Supreme Court has issued notice in Special Leave Petition in which the issue raised is whether a person who is not a party to the suit cannot move an application to set aside ex-parte decree under Order IX Rule 13 of the Code of Civil Procedure, 1908. Order IX Rule 13 provides that, in any case in which a decree is passed ex parte against a defendant, he may apply to the Court by which...

Not Always Necessary That Attesting Witnesses Should Actually See The Testator Signing The Will: SC [Read Judgment]

"Where a testator asks a person to attest his Will, it is a reasonable inference that he was admitting that the Will had been executed by him."

Arbitration Award Cannot Be Set Aside By HCs Invoking Writ Jurisdiction, Reiterates SC [Read Order]

The Supreme Court has reiterated that any award passed by the Arbitral Tribunals cannot be set aside by the High Courts invoking its writ jurisdiction under Article 226 & 227 of the Constitution of India.The bench comprising Justice SA Bobde, Justice R. Subhash Reddy and Justice BR Gavai was dealing with an appeal against the Allahabad High Court order that had set aside a partial...

Objection Regarding Pecuniary Jurisdiction Of Consumer Forums Should Be Raised At The Earliest Opportunity, Reiterates SC [Read Judgment]

"State Commission having already decided the matter on merits, such a technical objection as regards pecuniary jurisdiction could not have been countenanced before the National Commission."

Writ Petition Not Maintainable Against Termination Of Teacher By Private School Management: SC Upholds Patna HC Judgment [Read Order]

The Supreme Court has upheld a Patna High Court judgment that held that the Management Committee of Private School is not "State" within the meaning of Article 12 of the Constitution of India and a writ petition is not maintainable. Trigun Chand Thakur, a Sanskrit teacher, who was working in a private school was terminated by the management for his absence on the eve of Independence Day...

COFEPOSA: Liberty Of An Individual Has To Be Subordinated Within Reasonable Bounds To The Good Of The People: SC[Read Judgment]

"Order of detention is clearly a preventive measure and devised to afford protection to the society."

Public Interest Litigation Should Not Be Entertained In Service Matter, Reiterates SC [Read Judgment]

"It is well settled that with regard to service jurisprudence, PIL are not entertained."

Plaintiff Cannot Be Forced To Add Parties Against Whom He Does Not Want To Fight: SC [Read Judgment]

"Position will be different when the plaintiff submits an application to implead the subsequent purchaser as a party and when the plaintiff opposes such an application for impleadment."

Karnataka Crisis : Congress, JD(S) Seek Clarification Of SC Order Permitting Rebel MLAs To Stay Out Of House [Read Applications]

The applications seek a clarification that the order does not does not refer to the rights of a political party to proceed under para 2(1)(b) of the Tenth Schedule of the Constitution.

Supreme Court Bar Association Finally Expresses Concerns Over CBI Raids On Jaising, Grover

A week after the CBI raided the offices and residences of Senior Advocates Indira Jaising and Anand Grover in relation to FCRA case against their NGO Lawyers Collective, the Supreme Court Bar Association Executive Committee has issued a statement against the central agency's action."SCBA EC expresses its concern over the raids and search operations conducted by CBI at the residence and offices...

Plea Seeking Re-defining 'Minority' Based On State-wise Data: SC Seeks AG's View

On the submission that the declaration of communities as minorities based on national data is illegal, the Supreme Court on Friday requested Attorney General K. K. Venugopal's views on defining minorities in accordance with state-wise population data instead. The bench headed by Chief Justice Ranjan Gogoi, which was hearing BJP Leader and Advocate Ashwini Kumar Upadhyay's plea, required a...