Supreme court
Section 69(2) Partnership Act Does Not Bar Suit Filed By An Unregistered Firm If Contract In Question Was Not In The Course Of Its Business Dealings: Supreme Court
The Supreme Court held that to attract the bar of Section 69(2) of the Partnership Act, 1932, the contract in question must be the one entered into by partnership firm with the third-party defendant and must also be the one entered into by the plaintiff firm in the course of its business dealings.The bench comprising Justices Dinesh Maheshwari and Vikram Nath observed that Section 69(2) is not...
Supreme Court Imposes ₹7,500 Cost On Centre Over Failure To File Counter Affidavit Despite Repeated Opportunities
On Monday, the Supreme Court granted four weeks as last opportunity to the Union Government to file its counter affidavit in a PIL challenging validity of Section 2(f) of the National Commission for Minority Education Institution Act 2004, for failing to recognise minorities at state level.The last opportunity has been granted subject to deposit of cost amounting to Rs. 7,500 to the...
Workmen's Compensation Act- Interest On Compensation Shall Be Paid From Date Of Accident And Not Date Of Adjudication Of Claim: Supreme Court
The Supreme Court observed that interest on compensation under the Workmen's Compensation Act 1923, shall be paid from the date of the accident and not the date of adjudication of the claim.Ajaya Kumar Das, was working as a labourer. Due to an accident, he suffered multiple injuries in his abdomen and kidney. A claim for compensation was lodged before the Workmen compensation-cumAssistant...
Person Well Versed In Commerce Expected To Check Valuation Of Property Before Entering Into Transaction: Supreme Court Quashes Cheating FIR
The Supreme Court recently quashed a cheating FIR lodged by a businessman based in Gulf, stating that he being a man well versed in commerce should have checked the valuation of the property before entering into the transaction.The bench of Justices UU Lalit and Bela M Trivedi was considering a criminal appeal assailing Kerala High Court's judgment dated September 29, 2020 by which the High...
Supreme Court Posts Plea Challenging Validity Of Section 15 Hindu Succession Act Before 3-Judge Bench
The Supreme Court on Monday posted before a three-judge bench the plea challenging the constitutional validity of Section 15 of the Hindu Succession Act, 1956 on the ground that there is discrimination in the devolution in case of a woman dying intestate, in comparison with the rules for devolution where a male has died intestate.The bench of Justices D. Y. Chandrachud and Surya Kant was...
Cancellation Of Bail Justified Where Court Fails To Consider Relevant Factors Like Nature Of Accusation, Material Collected During Investigation: Supreme Court
The Supreme Court of India has observed that where a Court while considering an application for bail fails to consider the relevant factors, an Appellate Court may justifiably set aside the order granting bail.According to the Bench, the Appellate Court is required to consider whether the order granting bail suffers from a nonÂ-application of mind or a prima facie view from the...
"This Has To Stop, Message Must Go Loud & Clear": Supreme Court Refuses To Waive 25L Cost Imposed For Levelling Baseless Allegations Against HC
The Supreme Court today refused to entertain an application seeking waiver of 25 lakhs cost imposed on an applicant who had made allegations against the Uttarakhand High Court and High Officials of the State Government in a case related to sale of assets of Khasgi (Devi Ahilyabai Holkar Charities) Trust of Indore, Madhya Pradesh.While directing the applicant to deposit the cost as per the...
Justice UU Lalit Recuses From Tarun Tejpal's Plea Seeking In-Camera Hearing Of Rape Case Appeal In HC
Supreme Court judge Justice UU Lalit on Monday recused from hearing the special leave petition filed by journalist Tarun Tejpal challenging the order passed by Bombay High Court(Goa Bench) rejecting his application moved under Section 327 CrPC for conducting hearings in-camera in the appeal proceedings against his acquittal in a 2013 rape case.On the last occasion, Justice L Nageswara Rao...
Supreme Court Refuses To Entertain Plea To Ban "Why I killed Gandhi" Movie Streaming
The Supreme Court today refused to entertain a writ petition seeking a stay on the streaming of the movie "Why I killed Gandhi" which was set to release on the OTT platform 'Limelight' on 30th January, Mahatma Gandhi's death anniversary. The bench of Justices Indira Banerjee and JK Maheshwari while granting liberty to the petitioner to approach the High Court in their order said,"Writ...
'Sudden Criminal Cases Before Elections Seem Motivated': Supreme Court Protects SAD Leader Bikram Singh Majithia From Arrest Till Feb 23
The Supreme Court on Monday protected Shiromani Akali Dal leader Bikram Singh Majithia from arrest in a drug case till February 23, taking note of the fact that the Punjab assembly elections are going to take place on February 20. The Court granted this relief to allow Majithia to do election campaigning. A Bench comprising CJI NV Ramana, Justice AS Bopanna and Justice Hima Kohli...
BREAKING| Gurugram Namaz Issue : CJI Agrees To Give Immediate Listing To Plea Seeking Contempt Action Against Haryana Officials
The Chief Justice of India NV Ramana on Monday agreed to give urgent listing to a petition seeking contempt action against the officers of the State of Haryana for their alleged inaction in preventing the disruption of Namaz offerings by the Muslim community in open designated places in Gurugram.Senior Advocate Indira Jaising mentioned the petition before the CJI."This is not only based...
Scheme Providing Backdoor Entry Into Service Violates Article 16 : Supreme Court On Railways LARGESS Scheme
The Supreme Court on Tuesday reiterated that the Liberalized Active Retirement Scheme for Guaranteed Employment for Safety Staff notified by the Railways ("LARSGESS Scheme") provides an avenue for backdoor entry into service and is contrary to the mandate of Article 16 which guarantees equal opportunity in matters of public employment.The bench of Justices DY Chandrachud and AS Bopanna...