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Order XXI Rule 90 CPC | Auction Sale Can't Be Challenged On Grounds Which Could Have Been Raised Before Proclamation : Supreme Court
The Supreme Court on Tuesday (November 25) held that a judgment-debtor cannot, at a belated stage, assail an auction sale in execution proceedings, particularly once the sale has been completed. The Court observed that such a challenge is impermissible under Order XXI Rule 90(3) of the Code of Civil Procedure when the judgment-debtor had a prior opportunity to raise objections before...
Supreme Court Leaves Open Question Whether Customs Can Seize Goods Which Left Port
The Supreme Court recently refused to entertain an appeal against the Customs, Excise and Service Tax Appellate Tribunal (“CESTAT”) view that once goods are cleared from the port, customs authorities lose their power to confiscate them for violations such as non-compliance with license requirements. However, the bench of Justices Manoj Misra and Ujjal Bhuyan left open the question...
CCTVs In Police Stations : Supreme Court Grants Final Deadline To States/UTs For Compliance Affidavits; Directs Secretary's Appearance On Default
The Supreme Court today granted 3 weeks to the States and UTs that have not filed their compliance affidavits in the matter relating to the lack of functional CCTV Cameras in police stations across the country. The Court added that in case of non-compliance with the deadline, Chief Secretaries are to be present in the Court on the next hearing.The bench of Justice Vikram Nath and Justice...
Bombay HC Appellate Side Rules | 7-Day Notice To Client Not Required When Advocate Files 'No Instructions' Pursis: Supreme Court
The Supreme Court has recently clarified that the requirement of giving a seven-day advance notice to the client before withdrawing a vakalatnama, as mandated under the Bombay High Court Appellate Side Rules, 1960, and the Civil Manual, does not apply when an advocate merely files a pursis stating that he has 'no instructions' from the client.Holding so, the Supreme Court set aside the...
'We Should Not Divide Society On Caste Lines': CJI Surya Kant In Maharashtra Local Body Elections Matter
"Whatever we do, we should not divide the society on caste lines," said Chief Justice of India Surya Kant today during the hearing of the Maharashtra local body elections matter.The remark came as parties expressed concern over the possible exclusion of Other Backward Classes from representation in grassroots democracy if the 50% ceiling on reservations is insisted in the local body...
Sandesara–Sterling Group Loan Fraud | Supreme Court Quashes Criminal Cases After Accused Agree To Pay Rs 5,100 Crore To Banks
The Supreme Court recently quashed all criminal and civil proceedings against Hemant S. Hathi and Chetan Jayantilal, accused in the Sandesara–Sterling Group bank fraud case, after they agreed to deposit Rs 5,100 crore as full and final settlement with lender banks.A bench of Justice JK Maheshwari and Justice Vijay Bishnoi, however, clarified that the directions were issued in the peculiar...
Supreme Court Issues Notice On MDMK Leader Vaiko's Plea Challenging SIR In Tamil Nadu
The Supreme Court today issued notice on a plea filed by MDMK founder and former Rajya Sabha MP Vaiko challenging Election Commission's special intensive revision of electoral rolls in Tamil Nadu.A bench of CJI Surya Kant and Justice Joymalya Bagchi passed the order. The matter is next listed for consideration on December 2.Vaiko challenges Tamil Nadu SIR saying that the notification is...
Supreme Court Asks Petitioners Alleging Sexual Abuse In ISKCON-run Schools To Approach Child Rights Commissions
The Supreme Court on Tuesday disposed of a petition seeking an investigation into alleged instances of sexual abuse in schools run by the International Society for Krishna Consciousness(ISKCON), allowing the petitioners to approach the National Commission for Protection of Child Rights (NCPCR) and the State Commissions in Uttar Pradesh and West Bengal with a fresh representation.A bench...
Appellate Courts Can Grant Interim Relief Even If Suit Is Dismissed By Trial Court : Supreme Court
The Supreme Court recently observed that an interim relief can be granted by an Appellate Court even when the original suit has been dismissed. “Just because the original suit came to be dismissed, that does not mean that in the pending appeal, the appellate court cannot grant appropriate relief as prayed for.”, observed a bench of Justices JB Pardiwala and KV Viswanathan while setting...












