'Contempt Petition Can't Be Filed Against Registry For Not Listing Case On Date Specified By Court' : Supreme Court Dismisses Advocate's Plea

The Supreme Court on Friday dismissed a contempt petition filed by an Advocate on Record against the Secretary General and Registrar Judicial Administration of the Supreme Court for allegedly not listing a matter, despite direction of the Court to do so. The Apex Court expressed its strong displeasure and called it a ‘browbeating tactic’ and an abuse of the process of law.Deprecating...

Maternity Benefits Must Be Granted Even If Period Of Benefit Overshoots Term Of Contractual Employment: Supreme Court

The Supreme Court on Thursday(17 Aug) held that maternity benefits have to be granted even if the period of benefit overshoots the term of contractual employment. Maternity benefits can travel beyond the term of contractual employment. The court directed the employer to pay maternity benefits as would have been available in terms of Sections 5 and 8 of the Maternity Benefits Act, 1961 and...

When Does Limitation For Application Under Order XXI Rule 95 CPC Start? Supreme Court Refers To Larger Bench, Doubts '96 Precedent

The Supreme Court recently referred a pertinent question of law for reconsideration by a larger bench. The court grappled with the question of determining the starting point of limitation for filing an application under Rule 95 of Order XXI of CPC, 1908. These provisions relate to a situation where property of a person is sold through public auction to satisfy a decree passed by the court.In...

RERA : Supreme Court Seeks Responses Of States/UTs Which Haven't Established Real Estate Regulatory Authority, Appellate Tribunals

Last week, the Supreme Court sought the responses of the chief secretaries to the state governments of Meghalaya and Sikkim and the union territory administration of Ladakh with respect to their failure to establish regulatory authorities as well as appellate tribunals under the Real Estate (Regulation and Development) Act, 2016. Responses have also been sought from the states...

Partition Can Also Be Effected Under A Settlement Or Oral Understanding : Supreme Court

The Supreme Court observed that a partition can also be effected under a settlement or oral understanding. There is no prohibition to effect a partition otherwise than through an instrument in writing by duly complying with the requirement of law, the bench of Justices Bela Trivedi and SV Bhatti said.In this case, the plaintiff, a woman, filed a suit praying for a declaration that she is...

'Public Interest Not Limited To Maximising Revenue For Govt; It Includes Fair & Transparent Process' : Supreme Court

While hearing a bunch of appeals, a Division Bench of the Supreme Court, comprising Justices Hrishikesh Roy and Pankaj Mithal, held, "Public interest need not remain exclusively limited to ensuring maximum revenue accrual for the Government. Instead, public interest includes, without limiting itself to, a fair, transparent & stable process which any and all executive action must...

Order XVII Rule 2 CPC -Court Can Proceed Only Against An Absent Party Whose Evidence Has Been Substantially Recorded : Supreme Court

The Supreme Court observed that, under explanation to Order XVII Rule 2 of the Code of Civil Procedure, the court can record the presence of that party alone who has led evidence or substantial evidence and thereafter failed to appear."Under Order XVII Rule 2, the Court would proceed to pass orders with respect to any of the parties being absent or both the parties being absent. Whereas...

Supreme Court Dismisses PIL Seeking Mandatory Pre-Litigation Mediation

The Supreme Court on Monday(August 14) dismissed a Public Interest Litigation (PIL) that sought for directions for mandatory pre-litigation mediation in certain matters such commercial cases, partition suits, probation petitions. The PIL had also sought for guidelines or a Standard Operating Procedure (SOP) to give effect to pre-litigation mediation. The Court observed that provisions...

Maharashtra Co-Operative Societies Act Does Not Curtail Power Of Police Investigation Under CrPC: Supreme Court

A three-judge Bench of the Supreme Court, while hearing an appeal, held that: “The police have an independent power and even duty under the CrPC to investigate into an offence once information has been drawn to their attention indicating the commission of an offence. This power is not curtailed by the provisions of the 1960 Act (Maharashtra Co-operative Societies Act).”The Bench comprised...

Medical Negligence | Supreme Court Sets Aside Adverse Observations By NCDRC Against Top Cardiologist Dr Upendra Kaul

The Supreme Court on Wednesday(16 August ) set aside the aside adverse observations made by the National Consumer Disputes Redressal Commission (NCDRC) against top cardiologist and Padma Shri Awardee Dr Upendra Kaul in relation to a patient who had died after an angioplasty procedure conducted in AIIMS following a cardiac arrest. The case related to an incident in 1994.A bench of Justices...

'To Create More Congenial Atmosphere Between Govt & Judiciary' : Centre Frames SOP Regarding Appearance Of Govt Officials In Courts, Contempt Cases

The Centre has come out with a draft Standard Operating Procedure (SOP) with regard to the appearance of Government officials before courts in litigation that involves the Government. The SOP suggests that the presence of government officials should be required in courts only in ‘exceptional cases’, and not as a regular practice. If officials are summoned by courts, advanced notice must...

'Be Liberal In Conferring Senior Designation' : SCBA President Requests Supreme Court

The President of Supreme Court Bar Association (SCBA), Dr.Adish C Aggarwala, Senior Advocate, in a letter to the Chief Justice of India on Wednesday, has urged the Top Court to be "liberal" in its approach in conferring the title of Senior Advocate to candidates who have applied in the upcoming round of selection, since this is only the second selection process to have taken place in the last...