Important MCQs Based On Latest Supreme Court Judgments On Law Examinations

Q 1. Mr. X filed a civil suit for recovery of money against Mr. Y. Due to the non-appearance of both parties, the suit was dismissed under Order IX Rule 2 CPC. Mr. X then filed an application under Order IX Rule 4 CPC for restoration, which was also dismissed. Subsequently, Mr. X filed a fresh suit for the same recovery. Mr. Y contends that the fresh suit is barred by res judicata. Decide.A....

Supreme Court To Decide If Bar On Divorced & Single Men From Availing Surrogacy Is Constitutional

The Supreme Court is set to consider the issue of whether a divorced man should be allowed to have a child through surrogacy. The writ petition filed by a 45 year old divorced single man has challenged the constitutional validity of S.2(1)(s) of the Surrogacy (Regulation) Act, 2021. The bench of Justice BV Nagarathna and Justice KV Vishwanathan agreed to consider the matter and issue notice in the same. Notably, the same bench is also scheduled to consider a batch of petitions...

'Mother' A Very Wide Term : Supreme Court Questions IAF's Denial Of Family Pension To Stepmother Of Deceased Officer

Suppose biological mother has passed away and stepmother takes care of child since early years, is she not a mother? the Court asked.

Arbitral Award For Claims Not Included In IBC Resolution Plan Can't Be Enforced: Supreme Court

The Supreme Court recently allowed an appeal challenging the enforcement of an arbitral award passed by the Micro and Small Enterprises Facilitation Council (MSEFC) against Electrosteel Steels Ltd., holding that the award was non-executable in view of the resolution plan approved under Section 31 of the Insolvency and Bankruptcy Code (IBC), 2016.“we have no hesitation to hold that upon approval of the resolution plan by the NCLT, the claim of the respondent being outside the purview of the...

Supreme Court Asks Allahabad HC To Prioritise Disposal Of Matters Where Trial Is Stayed, Especially Landlord-Tenant Disputes

The Supreme Court recently urged the Allahabad High Court to prioritise the disposal of appeals/revisions/original petitions, where the trial has been stayed, particularly of landlord-tenant disputes.The Court asked the High Court to give out of turn hearing to such matters where the trial has been stayed.A bench of Justice BV Nagarathna and Justice KV Viswanathan passed the direction while dealing with a matter, where the landlord pointed out that due to the High Court's stay, the eviction...

Measure Of Nation's Justice Lies In Sense Of Security Felt By The Poorest & Marginalised : Justice Surya Kant

"The measure of a nation's justice is how many of its citizens never had to fear injustice," said Supreme Court Justice Surya Kant in his address at an event on Saturday (April 26) commemorating 30-years of National Legal Services Authority (NALSA) organised in Gujarat. Justice Surya Kant was speaking at the Western Regional Conference–organized jointly by NALSA and Gujarat State Legal...

Manual Sewer Cleaner's Death : Supreme Court Summons Haryana Chief Secretary Over Failure To Consider Claim For Compensation

Recently, the Supreme Court passed an order summoning the Chief Secretary, Government of Haryana, to remain personally present in the Court after it found that the Government of Haryana failed to comply with the Court's order directing them to decide the representation of a petitioner for compensation of Rs. 30 lakhs after her husband died on account of inhaling poisonous gas while cleaning...

Supreme Court Seeks Affidavits From States/UTs On Compliance With Directions To Enforce POSH Act

The Supreme Court recently passed an order seeking follow-up affidavits from the Union, States and the Union Territories in regards to its comprehensive directions for effective compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) passed last year on December 3.The directions, passed by a bench of Justices BV Nagarathna and...

Order 43 Rule 1A Doesn't Create Independent Appeal; Party To Suit Cannot Directly Appeal Against Compromise Decree : Supreme Court

The Supreme Court recently ruled that a party to a compromise decree cannot directly challenge the compromise before the Appellate Court without first approaching the trial court. “If a person was already a party to the suit, and denies that any lawful compromise ever took place, the CPC requires that person to go back to the Trial Court under the proviso to Order XXIII Rule 3 and ask...

'Not Enough To Have Rights, Unless Citizens Are Made Aware Of Their Rights They Wont Seek Enforcement': Justice BR Gavai

"It is not enough to have rights, it is necessary that citizens must know they have constitutional , statutory rights. Unless they are made aware they wont come forward to enforce them," said Supreme Court Justice BR Gavai while speaking at an event on Saturday (April 26) commemorating 30-years of National Legal Services Authority (NALSA). Justice Gavai was speaking at the Western...

Savarkar Defamation Case: Pune Court Allows Rahul Gandhi To Have Copies Of Books Written By Savarkar

In a development in the Savarkar defamation case, a Special MP/MLA Court in Pune allowed an application filed by Congress leader Rahul Gandhi to have copies of the two books authored by the Hindu Mahasabha leader, which are relied on as evidence by the complainant Satyaki Savarkar (grand nephewof Savarkar).Special Judge Amol Shinde allowed the application filed by Gandhi through his...

Dismissal Of Suit For Default Doesn't Bar Fresh Suit On Same Cause Of Action : Supreme Court

The Supreme Court recently held that the dismissal of a suit or application for default under Rules 2 or 3 of Order IX of the CPC does not prevent the filing of a fresh suit, as such dismissal does not constitute a judgment or decree, and therefore, the principle of res judicata does not apply. “It is, therefore, clear that an order of dismissal of a suit or application in default under...