Order VII Rule 11 CPC - Inconsistencies In Plaint Averments Not A Sufficient Reason To Reject Plaint : Supreme Court

The Supreme Court observed that a plaint cannot be rejected under Order VII Rule 11 CPC merely because there are some inconsistent averments in the plaint. For dealing with an application under Rule 11 of Order VII of CPC, only the averments made in the plaint and the documents produced along with the plaint are required to be seen, the bench of Justices Abhay S Oka and Rajesh Bindal...

Asaram Bapu Case : Supreme Court Sets Aside Rajasthan HC Order To Summon IPS Officer Ajay Lamba As Witness

The Supreme Court, on Monday, allowed the Special Leave Appeal filed by the State of Rajasthan challenging the Rajasthan High Court’s order to summon IPS Officer Ajay Pal Lamba for recording his evidence as a court witness in connection with Asaram's appeal challenging his conviction by lower Court in a minor's rape case.A Bench comprising Justice Sanjiv Khanna and Justice M.M. Sundresh...

Same-Sex Marriage Petitions Represent 'Urban Elitist Views', Popular Will Recognises Marriage As Exclusively Heterogenous : Centre To Supreme Court

The Union of India, in a second counter affidavit filed in the Supreme Court, has again opposed the petitions which seek legal recognition for same-sex marriage in India. While contending that marriage is "an exclusively heterogenous institution", the counter affidavit states that those seeking marriage equality in India merely represent "urban elitist views for the purpose of social...

SARFAESI | Bank Can't Forfeit Deposit Made After Auction Purchase When Bidder Wasn't Informed Of Challenge Pending Against Sale : Supreme Court

The Supreme Court has granted relief to an auction purchaser by directing the refund of the deposit made by him, which was forfeited by the bank by invoking Rule 9(5) of Security Interest (Enforcement) Rules, 2002.Rule 9(5) enables the bank to forfeit the deposit amount on default of the auction purchaser to deposit the balance bid amount within the stipulated time. In this case, the...

Mortein Spray, Harpic & Lizol Cleaner- Not Classifiable as ‘Insecticide’ Under KVAT; Dettol A 'Medicament': Supreme Court

The Supreme Court bench comprising Justices M. R. Shah and Krishna Murari has ruled that Mosquito Mats, Coils and Vaporizers, Mortein Insect Killers, Harpic Toilet Cleaner and Lizol Floor Cleaners, are not be classifiable under Entry 44(5) of the 3rd Schedule to the Kerala VAT Act (KVAT), 2003 as ‘insecticides’.While observing that Entry 44(5) of the 3rd Schedule to the Act is a...

Decide Mercy Petitions Against Death Sentence At The Earliest So That Convicts Won't Take Advantage Of Delay : Supreme Court To All Authorities

The Supreme Court directed all State Governments to ensure that mercy petitions in death penalty cases are decided and disposed of at the earliest. The bench comprising Justice MR Shah passed the direction in a plea by State of Maharashtra challenging a judgment of the Bombay High Court in which the High Court commuted the death sentences imposed on the accused to life imprisonment.In the...

Supreme Court Sets Aside Punishment Imposed On BSF Commandant For Allegedly Allowing Trans-Border Drugs Smuggling

The Supreme Court on Thursday(April 13) set aside the judgement and order of the Punjab & Haryana High Court which upheld the conviction of an Ex-Commandant of BSF under various provisions of BSF Act and NDPS Act, on the ground that there was no direct and cogent evidence against him.The division bench of Justice Krishna Murari and Justice Ahsanuddin Amanullah noted:“In the absence...

Registration Act | Unregistered Agreement To Sell Is Admissible As Evidence In Suit For Specific Performance : Supreme Court

The Supreme Court has held that Section 17(1A) of the Registration Act, 1908 is the only exception to the Proviso of Section 49 of Registration Act. Thus, the Proviso to Section 49 shall apply to the documents other than the ones referred to in Section 17(1A).The Bench comprising of Justice M.R. Shah and Justice Krishna Murari has further held that an unregistered Agreement to Sell, which...

Supreme Court Asks All Courts & Tribunals To Number Paragraphs In Orders & Judgments

The Supreme Court has made a suggestion to all Courts and Tribunals to number paragraphs in all orders and judgments. A bench comprising Justices Krishna Murari and Ahsanuddin Amanullah made this observation in a judgment after noting that the impugned judgment of the High Court was not numbered paragraph-wise.In this context, the bench referred to the judgments in Shakuntala Shukla v State...

Supreme Court Directs Union Government To Fill Vacancy In 6th National Commission for Scheduled Castes Expeditiously

The Supreme Court on Thursday directed the Union of India to fill a pending vacancy in the National Commission for Scheduled Caste. The direction was passed in a plea which had sought for vacancies to be filled in the Commission in 2017. The matter was listed before a bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala. The court noted that the vacancies...

Land Acquisition | After Taking Possession, Land Vests With State; Any Person Retaining Possession After That Is A Trespasser : Supreme Court

The Supreme Court set aside an order passed by the Delhi High Court which held that since the compensation was not paid to the landowners, the acquisition of the land in question was lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. While relying upon the judgment of Supreme Court in...

'Shocking' : Supreme Court On UP Govt Invoking National Security Act In Revenue Recovery Case; Quashes Detention Of SP Leader

It irked the Supreme Court that the Uttar Pradesh Government had exercised power under the National Security Act (NSA) to detain and thereafter extend the detention of SP leader Yusuf Malik accused in a land revenue recovery case.A Bench comprising Justice SK Kaul and Justice Ahsanuddin Amanullah quashed the proceedings initiated under the NSA. It noted that all the authorities involved...