Supreme court
Order XIV Rule 2 CPC - Res Judicata Plea Cannot Be Determined As Preliminary Issue When It Is A Mixed Question Of Fact & Law : Supreme Court
The Supreme Court observed that a plea of res judicata cannot be determined as preliminary issue when it is a mixed question of law and fact.Preliminary issues can be those where no evidence is required and on the basis of reading of the plaint or the applicable law, if the jurisdiction of the Court or the bar to the suit is made out, the Court may decide such issues with the sole objective...
'20,000 Local Bodies Functioning Beyond Tenure" : Supreme Court Direct MP State Election Commission To Notify Local Body Election Within Two Weeks
The Supreme Court on Tuesday passed an interim order directing that the MP State Election Commission must notify the programme for elections to the over 20,000 local bodies within two weeks as per existing wards, without putting it off for the completion of the 'triple test' exercise to provide for OBC reservations and for carrying out the further delimitation procedure.The bench headed...
Marital Rape : Supreme Court Refuses To Stay Karnataka HC Judgment Which Sustained Section 376 IPC Charges Against Husband On Wife's Rape Complaint
The Supreme Court on Tuesday issued notice in a special leave petition filed by a husband challenging a judgment of the Karnataka High Court which refused to quash the case for marital rape filed against him by his wife.The High Court had sustained the trial court's order of framing charges for rape under Section 376 of the Indian Penal Cod against him on a complaint by his wife.A...
Supreme Court Stays Warrant Issued By Allahabad HC Against Noida CEO Ritu Maheshwari IAS
The Supreme Court on Monday stayed the non-bailable warrant issued by the Allahabad High Court against the Chief Executive Officer of New Okhla Industrial Development Authority(NOIDA) Ritu Maheshwari IAS after she failed to appear in a contempt case.Yesterday, a bench led by the Chief Justice of India NV Ramana had refused to grant urgent relief to Maheshwari saying that IAS officers should...
Supreme Court Directs NCPCR To Develop Web Portal Reflecting Information Of Action Taken By States To Ensure Education Of Children Who Dropped Out Due To COVID-19
The Supreme Court, on Monday, directed NCPCR to come up with a web portal reflecting information pertaining to action taken by State Governments for continuance of education of children who were constrained to drop out of schools because of the adverse effects of the pandemic.On the last date of hearing, a Bench comprising Justices L. Nageswara Rao and B.R. Gavai had asked NCPCR to submit...
Supreme Court Refuses Urgent Listing For Plea Challenging Divorce Through Talaq-E-Hasan
The Supreme Court on Monday (May 9) refused to grant urgent listing for a plea challenging the practice of divorce through the Muslim personal law practice of Talaq-E-Hasan, as per which a man can divorce his wife by pronouncing "talaq" once a month for three months.The Public Interest Litigation petition was filed by journalist Benazeer Heena through Advocate-on-Record Ashwani Kumar Dubey....
'You're An IAS Officer, Face The Music If You Don't Obey Court Order' : SC Refuses To Stay Warrant Against Noida CEO
The Supreme Court on Monday(May 9) refused to stay the non-bailable warrant issued by the Allahabad High Court against the Chief Executive Officer of New Okhla Industrial Development Authority(NOIDA) Ritu Maheshwari after she failed to appear in a contempt case.Additional Solicitor General Balbir Singh mentioned the matter before the Chief Justice of India for urgent relief, but in...
Minority Status For Hindus In Some States : Centre Takes New Stand, Says It Has Power To Notify Minorities But Wide Consultations Needed
In a plea seeking minority status for Hindus in States where they are numerically less in number, the Central Government has filed a fresh affidavit in supersession of the previous affidavit which said that it is for the States to take a call on giving minority status. In the latest affidavit filed yesterday (May 9), the Centre says that it has the power to notify minorities, but a stand in...
Implement NCPCR Suggestions To Ensure Education For Children Who Had To Drop Out Due To COVID-19 : Supreme Court To States
The Supreme Court, on Monday, asked the State Governments to publicize the suggestions put forth by National Commission for Protection of Child Rights (NCPCR) and its order with respect to 'the serious problem of discontinuance of education of children caused due to pandemic and other situations which we cannot envisage'.Apprehensive that newspaper might not be the most effective mode...
NEET BDS 2021: Supreme Court Agrees To Hear Plea Against Centre's Decision To Not Reduce Cut-Off Percentile
BDS aspirants have again approached the Supreme Court challenging the Ministry of Health and Family Welfare's notice dated May 7 of refusing to lower the percentile for qualification of NEET BDS Course for the academic session 2021-2022. On Monday, Senior Advocate Paramjit Singh Patwalia, to seek urgent listing of the plea, mentioned the matter before the bench of Justice...
Section 138 NI Act - No Vicarious Liability For Cheque Dishonour Merely Beacuse A Person Was A Partner Or Stood Guarantor For Loan : Supreme Court
The Supreme Court on Monday held that a person cannot be convicted for the offence of dishonour of cheque under Section 138 of the Negotiable Instruments Act merely because he was a partner of the firm which had taken the loan or that he stood as a guarantor for such a loan.Vicarious liability under Section 141 of the NI Act cannot be fastened upon a person merely because the civil...