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Section 30(5) Partnership Act Not Applicable To A Minor Partner Who Was Not A Partner At The Time Of His Attaining Majority: Supreme Court
The Supreme Court observed that Sub-Section (5) of Section 30 of the Partnership Act shall not be applicable to a minor partner who was not a partner at the time of his attaining the majority.He/she shall not be liable for any past dues of the partnership firm when he was a partner being a minor, the bench comprising Justices MR Shah and BV Nagarathna observed.Section 30(5) of the...
Delhi Govt vs Centre: Supreme Court Agrees To Hear On March 3 Issue Of Power Over Administrative Services
The Supreme Court on Tuesday agreed to hear on March 3 the legal dispute between the Delhi Government and the Central Government regarding control over administrative services in the national capital.Senior Advocate Dr Abhishek Manu Singhvi, appearing for the Government of National Capital Territory of Delhi, mentioned the matter for urgent listing before the Chief of India. CJI NV Ramana...
Court U/Sec 34 Arbitration Act Can Remand Matter To Arbitrator For Fresh Decision If Both Parties Consented: Supreme Court
The Supreme Court observed that the principle that a court while deciding a petition under Section 34 of the Arbitration and Conciliation Act has no jurisdiction to remand the matter to the Arbitrator for a fresh decision is applicable only when the said petition is decided on merits.This principle is inapplicable when both the parties agreed to set aside the award and to remit the matter to...
Supreme Court Allows Future Retail Ltd To Approach Delhi HC To Seek Resumption Of NCLT Proceedings For Reliance Merger Scheme Approval
The Supreme Court on Tuesday granted liberty to the Future Retail Ltd to approach the Delhi High Court seeking permission for the continuation of the proceedings in the National Company Law Tribunal regarding the sanction for the scheme for merger with Reliance.The bench of CJI NV Ramana, Justices AS Bopanna and Hima Kohli in the order requested the single bench of the Delhi High Court to...
Order II Rule 3 CPC Does Not Compel A Plaintiff To Join Two Or More Causes Of Action In A Single Suit: Supreme Court
The Supreme Court observed that Order II Rule 3 of the Code of Civil Procedure does not compel a plaintiff to join two or more causes of action in a single suit.The Code of Civil Procedure indeed permits a plaintiff to join causes of action but it does not compel a plaintiff to do so, the bench comprising Justices KM Joseph and Hrishikesh Roy observed.The court, however, added that...
NEET PG - 70% CMC Vellore Seats To Be Filled From Merit List Of Christian Students Prepared By TN Govt: Supreme Court
On Monday, the Supreme Court clarified that admission to 70% of the seats in the Post Graduate courses for the academic year 2021-22 at the Christian Medical College, Vellore ("CMC") shall be made from the list of Christian minority students prepared by the State of Tamil Nadu on the basis of marks obtained in the NEET-PG examination. The remaining 30% seat would be filled by the...
Superannuation Does Not Absolve Employee From Misconduct;Bank Employee Always Holds Position Of Trust : Supreme Court
The Supreme Court has observed that superannuation of an employee does not absolve him from the misconduct committed in discharge of his duties.The bench of Justices Ajay Rastogi and AS Oka was considering SLP assailing Patna High Court's order dated 11th May 2010. ("impugned judgment")In the impugned judgment the High Court had upheld Tribunal's finding wherein it was observed that...
'Seen Munna Bhai MBBS?' : Supreme Court To Medical College Accused Of Showing Fake Patients During NMC Inspection
In a case where the National Medical Commission conducted a surprise inspection of a private medical college and, in view of the gross deficiencies, denied permission for increase in the intake capacity and directed a stoppage of the admissions for 2021–2022, the Supreme Court on Monday made a comment about the similarity to the Hindi film 'Munna Bhai MBBS'.At the outset, Justice D....
Supreme Court Issues Notice On Gujarat Govt's Plea Against HC Order Protecting Inter-Faith Couples From Anti-Conversion Law
The Supreme Court on Monday issued notice on the special leave petition filed by the State of Gujarat against the order of the Gujarat High Court which declared that the 'anti-conversion' law will not apply to inter-faith marriages between consenting adults.On August 19, 2021, a division bench of the High Court comprising Chief Justice Vikram Nath (now elevated to the Supreme Court) and...
Model Builder-Buyer Agreement : Supreme Court Asks Union To Scrutinize State RERA Rules For Essential Norms
On a plea seeking a direction to the Centre to frame model builder-buyer and agent-buyer agreements to ensure uniformity across the country, the Supreme Court on Monday ordered that the Union Ministry of Housing shall scrutinise the state rules, notified in pursuance of the Centre's Real Estate (Regulation and Development) General Rules, 2016 and the Real Estate (Regulation and...
Suo Motu Limitation Extension Orders Applicable To Filing Of Written Statements In Commercial Suits : Supreme Court
"It would be unrealistic and illogical to assume that while this Court has provided for exclusion of period for institution of the suit, but the period for filing written statement, if expired during that period, has to operate against the defendant."