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Order VIII Rule 6-A CPC | Defendant Can't File Counter-Claim Against Co-Defendant: Supreme Court
Holding that a counter-claim under Order VIII Rule 6-A CPC can be filed only against the plaintiff, the Supreme Court set aside the Gujarat High Court's decision that allowed one defendant to file a counter-claim against a co-defendant. A bench of Justice PS Narasimha and Justice Joymalya Bagchi ruled in favor of the plaintiff, who appealed against the High Court's decision to allow filing...
Financial Bids In Public Tenders Can't Be Altered After Opening; Sanctity Of Process Can't Be Compromised For More Revenue : Supreme Court
The Supreme Court in a recent case ruled that once financial bids of the tender are opened, it would not be permissible to rectify the bids. Otherwise, the sanctity of the tendering process would be compromised. The Court reiterated that the mere possibility of accrual of more money would not be a ground to rectify the bid once opened.A bench of Justice Manoj Misra and Justice Ujjal Bhuyan...
For Search Without Warrant Under Special Enactments, Recording Of Reasons Is Mandatory : Supreme Court
The Supreme Court recently held that in every search conducted under a special enactment without warrant, the requirement of recording reasons to believe is mandatory.The Court noted that Section 165 of the Code of Criminal Procedure (S.185 BNSS) mandates the recording of reasons for the belief regarding the existence of incriminating materials and the necessity of imminent search, when a...
'Our Sympathy With You, But Approach HC First' : Supreme Court On Plea Against Gujarat Police Over Alleged Custodial Torture Of Boy
The Supreme Court today refused to entertain a petition seeking probe into the alleged sexual assault and custodial torture of a 17-year-old boy by the Gujarat Police.A bench of Justices Vikram Nath and Sandeep Mehta dismissed the case as withdrawn, with liberty to the petitioner (minor boy's sister) to approach the concerned High Court. "You go to the High Court and if the High Court does...
Bihar SIR | 'Publication Of Final Voters' List Won't Matter To Us If There's Illegality' : Supreme Court Adjourns Hearing Till Oct 7
The Supreme Court on Monday (September 15) adjourned till October 7 the hearing of the petitions challenging the Election Commission of India's Special Intensive Revision (SIR) of electoral rolls in Bihar.Although the petitioners sought for a hearing before October 1 - the date of publication of the final voters list - the bench comprising Justice Surya Kant and Justice Joymalya Bagchi...
Vantara's Acquisition Of Animals As Per Regulations : Supreme Court Accepts SIT Report
The Supreme Court today(September 15) observed that the acquisition of animals in Vantara (Greens Zoological Rescue and Rehabilitation Centre) run by the Reliance Foundation at Jamnagar, Gujarat, is prima facie within the regulatory mechanism. There was no foul play found by the Special Investigation Team(SIT) constituted by the Court to inquire into various allegations, including whether...
Supreme Court Moots Control Room To Monitor If CCTV Cameras In Police Stations Are Switched Off; Reserves Order
The Supreme Court today reserved orders in the case where it took suo motu cognizance of a news report on the lack of functional CCTVs and deaths in police custody across the State of Rajasthan.A bench of Justices Vikram Nath and Sandeep Mehta expressed that it is considering independent monitoring of the CCTV cameras in police stations without any human intervention, as even if CCTVs...
'Entering Political Party Not A Job' : Supreme Court Upholds HC Order That Political Parties Don't Come Under POSH Act
The Supreme Court today refused to entertain a plea challenging the order of the Kerala High Court, which held that it was not compulsory for political parties to set up an internal complaints committee to address sexual harassment complaints as per the POSH Act 2013. The Court verbally observed that those joining a political party are not under its employment. The bench of CJI BR Gavai,...
Abolition Of 'Waqf By User' Is Not Arbitrary Prima Facie : Supreme Court
The Supreme Court on Monday (September 15) refused to stay the provision in the Waqf Amendmnt Act 2025 which abolished the concept of 'Waqf by user'."Waqf by user" is a concept that recognized a property as waqf not through a formal dedication deed but through long, consistent public use of the property for a religious or pious purpose.The 2025 amendment deleted Section 3(r)(i) of the...
Waqf Amendment Act 2025: Supreme Court Order On Pleas For Interim Order-Live Updates
Supreme Court will pronounce its interim order on pleas to stay the provisions of the Waqf Amendment Act 2025 today.A bench of Chief Justice of India BR Gavai and Justice AG Masih had reserved the order on May 22 after hearing the parties over three days.The petitions are filed challenging the constitutionality of the sweeping changes made to the Waqf law by the amendments passed by...