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Shiv Sena Case| Discontent Within Party Won't Justify Governor Calling For Trust Vote : Supreme Court Says During Hearing
The Constitution bench of Supreme Court, while hearing the matter concerning the rift between the Uddhav Thackeray and the Eknath Shinde factions in Shivsena, discussed the powers and role of the Governor in calling for a trust vote. The bench comprising CJI DY Chandrachud, Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli, and Justice PS Narasimha was hearing the arguments of...
Delhi Land Reforms Act Not Applicable Once An Area Is Urbanised Under Delhi Municipal Corporation Act : Supreme Court
The Supreme Court recently affirmed a Delhi High Court judgement which stated that once a rural area is urbanized by issuance of notification under Section 507(a) of the Delhi Municipal Corporation Act, 1957, it ceases to be governed by the provisions of Delhi Land Reforms Act, 1954.A Bench of Justices Ajay Rastogi, CT Ravikumar and Bela M Trivedi observed this, “After harmonizing...
Will Can't Be Presumed To Be Genuine Merely Because It Is Aged More Than 30 Years Old : Supreme Court
The Supreme Court has held that the presumption under Section 90 of the Indian Evidence Act regarding the genuineness of documents aged more that thirty years old is not applicable to a will."wills cannot be proved only on the basis of their age – the presumption under Section 90 as to the regularity of documents more than 30 years of age is inapplicable when it comes to proof of wills",...
Supreme Court Hears Indira Jaising's Suggestions To Reform Senior Advocate Designation Process
The Supreme Court, on Wednesday, commenced with the hearing of the pleas seeking modification to the extant guidelines regarding the process of designation of Senior Advocates practicing before the Supreme Court as well as the High Courts, which was set out in its 2017 judgment, Indira Jaising v. Supreme Court of India.A Bench comprising Justice Sanjay Kishan Kaul, Justice Ahsanuddhin...
Cause Of Action For Redemption Suit Is Successive, Second Suit By Mortgagor Not Barred By Default Dismissal Of First Suit : Supreme Court
The Supreme Court has held that a second suit by a mortagor for redemption of mortgage is not barred merely because the first suit was dismissed for default, unless the right to redemption of mortgage has been extinguished.A bench comprising Justices Sudhanshu Dhulia and JB Pardiwala held that Order IX Rule 9 of the Code of Civil Procedure (which bars second suit on the same cause of action...
World Consumer Rights Day: Recent Important Supreme Court Judgments on Consumer Protection Law
“Customers are the most important visitor on our premises, they are not dependent on us, we are dependent on them. They are not an interruption in our work. They are the purpose of it. They are not outsiders in our business. They are part of it; we are not doing them a favour by serving them. They are doing us a favour by giving us an opportunity to do so.” – Mahatma Gandhi.The Supreme Court of India has recently pronounced numerous judgments on Consumer Protection Law. Therefore, on the...
Shiv Sena Case | Governor Can't Enter Into An Area Which Precipitates Government's Fall : Supreme Court Says During Hearing
While hearing the Shiv Sena case, a Constitution Bench of the Supreme Court raised important questions on the decision taken by the Maharashtra Governor to call for a floor test based on the rebellion of Eknath Shinde-led faction.A bench comprising Chief Justice of India DY Chandrachud, Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli, and Justice PS Narasimha was hearing the...
BREAKING| SCBA Drops Move To Pass Resolutions Against Senior Advocates Kapil Sibal and NK Kaul
Following the opposition by many lawyers, including several prominent Senior Advocates, the Executive Committee of the Supreme Court Bar Association decided to cancel the General Body Meeting which was convened tomorrow to discuss the resolutions proposed against Senior Advocates Kapil Sibal and Neeraj Kisan Kaul.The proposed resolutions sought to reprimand Sibal and Kaul for apologising to...
Supreme Court Issues Notice For Aggravated Contempt To Lawyer For Asking NCLT To Ignore SC Order
The Supreme Court on Monday issued notice to an advocate for "aggravated contempt of court" for asking the National Company Law Tribunal to ignore an order passed by the Top Court as "nullity". In his application filed in the NCLT, the lawyer had stated that the Supreme Court's order dated 23.09.2022 was a nullity as one of the members of the bench which passed the order was related to the...
Shiv Sena Case: Principle Of Majority Rule Higher Than Evil Of Defection,’ Eknath Shinde’s Faction Tells Supreme Court
Much higher than the evil of defection is the principle of majority rule in this country, senior advocate Mahesh Jethmalani said on Tuesday(March 14) while appearing for the Eknath Shinde-led Shiv Sena faction before a constitution bench. The five-judge bench, comprising Chief Justice DY Chandrachud, and Justices MR Shah, Krishna Murari, Hima Kohli, and Narasimha, was hearing a gamut...
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