Mere Dismissal For Default Of First Execution Petition Will Not Preclude Filing Of A Fresh One Provided It Is Within Time : Supreme Court

The Supreme Court observed that mere dismissal of the first execution petition on the ground of default will not preclude decree holder from filing a fresh execution petition provided it is within time. In this case, the Bhagyoday Cooperative Bank granted a financial facility to a firm Vimal Traders. Since the amount was not repaid, the proceedings were initated under Gujarat...

Orders Giving Visitation Right/Temporary Child Custody Cannot Be Passed In A Proceedings For Restitution Of Conjugal Right : Supreme Court

The Supreme court observed that orders giving visitation rights or temporary child custody cannot be passed in a proceedings under Section 9 of the Hindu Marriage Act (Restitution of conjugal rights).In this case, the husband filed a petition under Section 9 of the Hindu Marriage, Act, 1955, seeking Restitution of Conjugal Rights, against the wife before the Family Court...

Supreme Court Posts Pleas Challenging Section 6A Citizenship Act For Directions On 10th January, 2023

A Constitution Bench of the Supreme Court, on Tuesday, posted the pleas challenging the constitutional validity of Section 6A of the Citizenship Act inserted by way of an amendment in 1985 in furtherance of the Assam Accord, for directions, on 10th January, 2023. The 5-Judge Bench comprised Chief Justice D.Y. Chandrachud, Justice M.R. Shah, Justice Krishna Murari, Justice Hima Kohli and...

Supreme Court Grants Anticipatory Bail To Raj Kundra In Pornography Case

The Supreme Court on Monday granted anticipatory bail to Raj Kundra and other co-accused in the several FIR's arising out of the porn videos case registered by Nodal Cyber Police Station, Bandra. A bench of Justices KM Joseph and BV Nagarathna, taking into consideration that the State of Maharashtra did not oppose the application for anticipatory bail filed by the Petitioner, allowed...

Execution Court Should Attach The Debt Under Order XXI Rule 46 CPC Before Proceeding Against Garnishee Under Order XXI Rule 46A CPC : Supreme Court

The Supreme Court observed that an Execution Court should attach the debt under Order XXI Rule 46 CPC before proceeding against garnishee under Order XXI Rule 46A of Code of Civil Procedure can be In this case, the Bhagyoday Cooperative Bank granted a financial facility to a firm Vimal Traders. Since the amount was not repaid, the proceedings were initated under Gujarat Co-operative...

Supreme Court Lists Matters Concerning Validity Of The Marital Rape Exception In Second Week On January 2023

The Supreme Court of India has listed matters concerning the validity of the marital rape exception in the second week on January 2023. The issue was mentioned before a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha by Senior Advocate CU Singh who stated that the matters needed to be listed urgently. Senior Advocate CU Singh stated–"One is the batch of petitions...

Shiv Sena Rift : Uddhav Group Seeks Reference To 7-Judge Bench Of Supreme Court To Reconsider 'Nabam Rebia' Decision

In the cases related to the rift in the Shiv Sena party, Senior Advocate Kapil Sibal, representing the Uddhav Thackeray group, submitted before a 5-judge bench of the Supreme Court on Tuesday that the matter needs to be referred to a 7-judge bench, to consider the correctness of the 2016 judgment delivered by the Constitution Bench in Nabam Rebia versus Deputy Speaker.In Nabam Rebia, a...

LiveLaw Academy Invites Paid Contributions To 'Law Exams Database'

LiveLaw Academy is inviting applications for contributors to our 'Law Exams Database'. This data base is meant to help candidates appearing for various examinations like Judicial Service Examinations, IAS-Law, PCS-Law, UGC-NET, APP/CBI Prosecutors Examination, CLAT PG etc. We are inviting contributions on the following subjects; * The Constitution of India- Descriptive Questions...

Supreme Court Weekly Digest December 2022 With Nominal And Subject/Statute Wise Index [December 5 – 11, 2022]

Advocates Act 1961 - Supreme Court Rules - Advocates-on-Record System - Supreme Court has authority to prescribe who can act or plead in the court as per Article 145 of the Constitution read along with Section 52(b) of The Advocates Act, 1961 - Challenge against AoR system dismissed. Nandini Sharma v. Registrar, Supreme Court of India, 2022 LiveLaw (SC) 1018 Code of Criminal...

Face-off Between DRT Member & Advocates : Supreme Court Leaves Matter To Be Decided By DRAT Chairman

On Monday, the Supreme Court of India disposed of a plea moved by the Judicial officer of the Debts Recovery Tribunal challenging the High Court's order dated October 27 that restrained him from passing adverse orders in pending matters.The Debts Recovery Tribunal Bar Association had moved the High Court, arguing that the judicial member had been passing adverse orders deliberately.On December...

Supreme Court To Hear Challenge Against Tribunal Reforms Act 2021 In February 2023

The Supreme Court, on Monday, indicated that it would list the plea preferred by Madras Bar Association that assailed the Tribunals Reforms (Rationalization and Conditions of Service) Ordinance 2021 (now Tribunals Reforms Act, 2021)for final disposal in the third week of February, 2023."Third week of February we will hear the Madras Bar Association (main matter) for final disposal."The...

Courts Today- A Daily Round Up Of Important Legal Developments-12.12.22

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