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SCAORA Writes To CJI Requesting To Allow Use Of Mobile Phones To Join Virtual Hearings
Pursuant to the Supreme Court's notification dated January 17, 2022 wherein Top Court had notified "best practices for virtual court proceedings", Supreme Court Advocates On Record Association ("SCORA") has made a representation to CJI to ask the Registry to not insist on a particular kind of equipment or connectivity to join court hearings through VC.Dr Joseph Aristotle S, Secretary SCORA in...
Marital Rape - Striking Off Exception To Sec 375 IPC Won't Amount To Court Creating A New Offence : Amicus To Delhi HC
The Delhi High Court on Friday continued hearing a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his wife from the offence of rape, provided the wife is above 15 years of age.Senior Advocate Rajshekhar Rao, appearing as amicus curiae, concluded his arguments today. Rao has supported criminalization...
Guarantor Whose Guarantee Stands Invoked By Any Creditor Barred From Giving Resolution Plan, Though Insolvency Initiated By Another Creditor: SC On Sec 29A(h) IBC
The Supreme Court has delivered an important judgment interpreting the scope of Section 29A(h) of the Insolvency and Bankruptcy Code. Section 29A IBC specifies the categories of persons who are not eligible to be resolution applicants.Sub-section (h) of Section 29A refers to persons whose guarantees stand invoked by the creditors of the corporate debtor. The exact wordings of the provision are...
'Probability Of Reformation & Rehabilitation': Supreme Court Commutes Death Sentence Of Man Convicted Of Rape & Murder Of 11 Year Old Girl
The Supreme Court commuted death sentence awarded on a man convicted of rape and murder of eleven year old girl.The court, however, took into account 'the barbaric and savage manner in which the offences of rape and murder were committed', sentenced him to life imprisonment for a period of 30 years during which he shall not be granted remission.Bhagwani was convicted and sentenced to death by...
ORDER XXXVII Rule 3 CPC- Grant Of Leave To Defend Is The Ordinary Rule; Denial An Exception: Supreme Court
The grant of leave to defend (with or without conditions) is the ordinary rule; and denial of leave to defend is an exception, the Supreme Court observed in a judgment in which it discussed the scope of Rule 3 of Order XXXVII of the Code of Civil Procedure 1908.The bench comprising Justices Vineet Saran and Dinesh Maheshwari observed that a prayer for leave to defend is to be denied in...
Multiple FIRs Against Same Person In Different States : Supreme Court Suggests A Mechanism Similar To United States Judicial Panel On Multidistrict Litigation
On Tuesday, the Supreme Court suggested establishing a mechanism similar to the Judicial Panel on Multidistrict Litigation set up in the United States of America to, inter alia, resolve matters in which multiple FIR's are registered against a particular person in multiple States. The Apex Court has sought the Centre's response proposing solutions to tackle such multiplicity of...
Pregnant, Lactating Women Who Take COVID Vaccination Made Aware Of Likely Side Effects : Centre Tells Supreme Court
The Central Government has told the Supreme Court that all pregnant and lactating women who avail COVID-19 vaccination are made aware of the possible side effects of vaccines.The Centre has filed an affidavit in response to the suggestions given by the Delhi Commission for Protection of Child Rights to strengthen the mechanism to vaccinate pregnant and lactating women against...
Decree For Specific Performance Can't Be Obtained Behind The Back of A Bona-Fide Purchaser: Supreme Court
The Supreme Court has observed that a decree for obtaining specific performance of a decree cannot be obtained behind the back of a bona fide purchaser especially when the transaction has taken place prior to the institution of the suit for specific performance. A bench of Justices Sanjay Kishan Kaul and M.M. Sundresh, setting aside a judgment of the Madras High Court, observed: "...it is...
Supreme Court Seeks Union's Response On Plea For Higher Women Intake In NDA, RIMC & Sainik Schools
The Supreme Court on Tuesday sought the response of the Union Government regarding the intake of women candidates in National Defence Academy, Rashtriya Indian Military College, Rashtriya Military Schools and Sainik Schools for 2022 admissions.A bench comprising Justice Sanjay Kaul and MM Sundresh issued notice to the Union on an application that pointed out that even for the NDA I - 2022...