Order XII Rule 6 CPC - Power To Pass Judgment On Admissions Discretionary Cannot Be Claimed As A Matter Of Right: Supreme Court

The Supreme Court observed that the power to pass judgment on admissions under Order XII Rule 6 of Code of Civil Procedure is discretionary and cannot be claimed as a matter of right.The said power is discretionary which should be only exercised when specific, clear and categorical admission of facts and documents are on record, otherwise the Court can refuse to invoke the power...

Plea Of Territorial Jurisdiction Or Lack Thereof Cannot Be Entertained In A Transfer Petition U/Sec 25 CPC : Supreme Court

The Supreme Court observed that its jurisdiction under Section 25 of CPC cannot be extended to determine the question of territorial jurisdiction of the proceedings.The plea of jurisdiction or the lack of it can be prompted before the Court in which the proceedings are pending, Justice JK Maheshwari observed.In this case, Neilan International Co. Ltd. filed a...

Supreme Court Stays Army Disciplinary Proceedings Against Retired Brigadier In Misappropriation Case

The Supreme Court on Wednesday granted relief to retired Brigadier SK Gupta against whom disciplinary proceedings have been initiated for allegedly committing misappropriation of Medical Stores while being posted as Commandant, Base Hospital, Lucknow.Brigadier SK Gupta was found blameworthy by the Court of Inquiry of committing fraud of worth crores of rupees, with the active connivance of...

Purchaser Of Suit Property Cannot File Application Under Order XXI Rule 97 CPC Objecting Execution Of Decree By Decree Holder: Supreme Court

The Supreme Court observed that purchaser of the suit property from the decree holder is not entitled to file an application under Order XXI Rule 97 of Code of Civil Procedure Code, 1908 objecting execution of the decree by the decree holder.BackgroundIn this case, a Suit filed by late Shri N.D. Mishra was decreed by the Trial Court restraining the defendant from obstructing the plaintiff from...

Judges Are Never To Be Tried In Media; Attributing Motives To Judges A Dangerous Trend : Justice Deepak Gupta

Agreeing with the comments made by Supreme Court judge Justice JB Pardiwala regarding personal attacks made against judges, former Supreme Court judge Justice Deepak Gupta said that judges are never to be tried in media.Terming the trial of judges in media a "dangerous trend", Justice Gupta said that it can interfere with judicial administration. He added that the Court should "come down with...

Substantive Right Accrued To A Litigant Should Not Be Defeated Citing Procedural Defects Capable Of Being Cured: Supreme Court

The Supreme Court observed that substantive right accrued to the litigant should not be defeated citing a procedural defect capable of being cured."It is a trite law that the procedural defect may fall within the purview of irregularity and capable of being cured, but it should not be allowed to defeat the substantive right accrued to the litigant without affording reasonable ...

Plea Seeking Arrest Of Former BJP Spokesperson Nupur Sharma Mentioned For Urgent Listing Before Supreme Court

A petition filed by a lawyer seeking to arrest former BJP Spokesperson Nupur Sharma for her alleged hate statement against the revered Prophet Mohammad on a television debate was mentioned for urgent listing before the Supreme Court on Wednesday. The petition was mentioned before the vacation bench of Justices Indira Banerjee and JK Maheshwari. Urging the bench to list the plea,...

'Hold Goa Panchayat Elections Within 45 Days' : Supreme Court Upholds Bombay HC Direction

The Supreme Court, on Wednesday, refused to interfere with the order of the Bombay High Court at Goa passed on 28th June, 2022, which had directed the State of Goa and the State Election Commission to ensure that the elections are held and completed within 45 days from the date of order. It observed that the High Court order was in compliance with Article 243E of the Constitution of...

Difference Between "Per Incurium" & "Sub Silentio" -Explainer

Those things which have been so often adjudged ought to rest in peace. This statement by the English jurist, Lord Coke succinctly summarizes the jurisprudential force of the doctrine of precedent. The doctrine of precedent occupies an important position in the organization of any judicial system. It implies that a decision by a court higher in the pyramid of judicial hierarchy, binds...

EPS v OPS : Supreme Court Stays Madras HC Order Which Restrained AIADMK General Council From Passing Resolutions

In the dispute between Edappadi K Palaniswami(EPS) and O Paneerselvam (OPS) regarding the leadership of AIADMK party, the Supreme Court on Monday stayed the Madras High Court division bench's order staying the passing of resolutions in AIADMK General Council Meeting.A vacation bench comprising Justices Dinesh Maheshwari and Krishna Murari passed the interim order in the special leave...

Breaking: Supreme Court Refuses To Interfere With Order Granting Anticipatory Bail To Actor Vijay Babu In Rape Case, Modifies Conditions

The Supreme Court on Wednesday refused to interfere with the anticipatory bail granted to Malayalam film producer-actor Vijay Babu in a rape case alleged by another actor. It however made it clear that Vijay Babu shall not leave the State of Kerala without prior permission of the court. He is also restrained from making social media posts in connection with the case.A vacation bench...

Zee News Anchor Rohit Ranjan Approaches Supreme Court Against Multiple FIRs Over Rahul Gandhi's Video

Zee News anchor Rohit Ranjan moves Supreme Court against the multiple FIRs registered against him over an alleged doctored video of Rahul Gandhi's speech.Senior Advocate Siddharth Luthra mentioned the matter before a vacation bench comprising Justices Indira Banerjee and JK Maheshwari for urgent listing. Luthra submitted that the anchor made an error during a show and he later apologised for...