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Twin Conditions Of Material Irregularity Or Fraud And Substantial Injury Has To Be Satisfied Before An Auction Sale Can Be Set Aside Under Order XXI Rule 90(3) CPC : Supreme Court
The Supreme Court observed that the twin conditions of material irregularity or fraud and substantial injury has to be satisfied before an auction sale can be set aside under Order XXI Rule 90(3) of Code of Civil Procedure.No sale could be set aside unless the Court is satisfied that the applicant has sustained substantial injury by reason of irregularity or fraud in completing or conducting...
Supreme Court Issues Notice In Plea Against "Backdoor Appointments" At J&K High Court
The Supreme Court, on Friday, issued notice in a plea filed by Jammu And Kashmir Peoples Forum seeking quashing of backdoor appointments of administrative staff at the Jammu & Kashmir High Court, Subordinate Courts, State Judicial Academy, Legal Services Authority and particularly recruitments made at the E-Court Mission Mode Project. Noting that serious allegations have been...
Supreme Court Disposed Of 1293 Miscellaneous Matters, 106 Regular Matters & 440 Transfer Petitions In Last Four Days: CJI UU Lalit
Speaking at the felicitation function organised by the Bar Council of India, the newly appointed Chief Justice of India U.U. Lalit today provided figures of the number of cases disposed of by the Supreme Court in the last four days, after taking charge as the new CJI. CJI Lalit said that in the past four days, the Supreme Court has disposed of a total of 1293 miscellaneous matters, 106...
Inter Departmental Communications / File Notings Cannot Be Relied Upon As A Basis To Claim Any Right: Supreme Court
The Supreme Court observed that inter-departmental communications cannot be relied upon as a basis to claim any right."Before something amounts to an order of the State Government, two things are necessary. First, the order has to be expressed in the name of the Governor as required by clause (1) of Article 166 and second, it has to be communicated.", the bench comprising Justices Hemant...
Murder Convict Cannot Be Sentenced To Punishment Less Than Life Imprisonment : Supreme Court
There cannot be any sentence/punishment less than imprisonment for life, if an accused is convicted for murder offence under Section 302 of the Indian Penal Code, the Supreme Court observed in a judgment today (2 September 2022).In this case, the trial Court (in the year 1995) convicted Nandu @ Nandua and other accused for the offences punishable under Sections 147, 148, 323 and 302/34 of the...
AG K.K. Venugopal Refuses Consent To Initiate Contempt Proceedings Against Sr. Adv. Kapil Sibal
Attorney General K.K. Venugopal has declined Adv. Vineet Jindal's request for consent to initiate proceedings for Criminal Contempt of Court against Senior Advocate and Rajya Sabha MP Kapil Sibal. The request to initiate proceedings for Criminal Contempt of Court was filed after Sr. Adv. Kapil Sibal, while expressing anguish at some judgments of the Supreme Court, said that he had "no hope...
Supreme Court Grants Interim Bail To Teesta Setalvad In Gujarat Police FIR
The Supreme Court on Friday granted interim bail to social activist Teesta Setalvad, who is under custody since June 25 over alleged fabrication of documents to file cases in relation to 2002 Gujarat riots. She has been asked to surrender her passport till the matter is considered by the Gujarat High Court.On her lawyer Senior Advocate Kapil Sibal submitting that local sureties might not...
Breaking: Supreme Court Grants Interim Bail To Teesta Setalwad Bail - Live Updates From
Supreme Court to hear the petition filed by Teesta Setalvad seeking bail in the Gujarat Police FIR over alleged fabrication of documents to file cases in relation to 2002 Gujarat riots.Teesta's petition challenging the Gujarat High Court's refusal to grant her bail was heard by a bench consisting of Chief Justice U.U. Lalit, Justice S Ravindra Bhat and Justice Sudhanshu Dhulia.In the last...
Successive FIRs By Same Informant Against Same Accused On Same Allegations Impermissible, Violate Articles 21 & 22 : Supreme Court
The Supreme Court observed that registration of multiple FIRs by same person against same accused based on the same set of facts and the same cause of action is impermissible."The act of the registration of such successive FIRs on the same set of facts and allegations at the instance of the same informant will not stand the scrutiny of Articles 21 and 22 of the Constitution of India", the...
Kashmiri Pandits' Killings In 1990 : Supreme Court Allows NGO To Approach Centre Seeking Probe
The Supreme Court on Friday allowed an NGO named "We The Citizens" to approach the Union Government with a plea seeking probe into the targeted killings of Kashmiri Pandits and Sikhs in Jammu and Kashmir during 1990.A bench comprising Justices BR Gavai and CT Ravikumar expressed disinclination to entertain the matter and asked the petitioner to approach the authorities. Accordingly, the...