Order VII Rule 11 CPC: Plaint Has To Be Rejected If Reliefs Claimed In It Cannot Be Granted Under Law: Supreme Court

The Supreme Court observed that a court has to reject a plaint if it finds that none of the reliefs sought in it can be granted to the plaintiff under the law.In such a case, it will be necessary to put an end to the sham litigation so that further judicial time is not wasted, the bench of Justices L. Nageswara Rao and BR Gavai observed.The court added that underlying object of Order VII Rule...

Necessary Mechanism For Induction Of Women Into The Armed Forces Through NDA Will Be In Place By May 2022: Central Govt Informs Supreme Court

The Ministry of Defense has informed the Supreme Court that women candidates shall be considered for entry in the three defence services, in the existing streams, through the National Defence Academy.The affidavit filed by Captain Shantanu Sharma, Director (AG), at DMA, Ministry of Defence further adds that while the entrance examination for entry into NDA are held twice in a year, the...

'Fraud Vitiates Every Solemn Act': Supreme Court Upholds A Trial Court Judgment Which Declared A Registered Gift Deed Void

Fraud vitiates every solemn act, remarked the Supreme Court while it upheld a Trial Court judgment which declared a registered gift deed void on the ground of fraud and undue influence.In this case, by a registered gift deed, one Yadunandan Mistri, who was issue-less, gifted an extent of 2.92 acres of land in favour of the wife of his nephew, on the assumption that his nephew would take care...

Motor Accident Compensation- Multiplier Which Is Relevant To The Deceased Has To Be Applied: Supreme Court

The Supreme Court observed that, while computing Motor Accident Compensation, the multiplier which is relevant to the deceased has to be applied.Following the death of one J. Jeyachandran in an accident, his parents filed a compensation claim. MACT, took the multiplier at 16 since the deceased was aged 33 at the time of accident, and arrived at a sum of Rs.30,81,577/-. The reasoning of the...

Breaking: Supreme Court Collegium Recommends New Chief Justices For 13 High Courts By Transfer/Elevation -Read Statements

The Supreme Court Collegium has resolved on appointment and transfers of Chief Justices in 13 High Courts. This includes proposal for appointment of: 1. Justice Akil Kureshi as Chief Justice of Rajasthan High Court. (He is presently the Chief Justice of Tripura High Court) 2. Justice Rajesh Bindal as Chief Justice of Allahabad High Court. (He is presently the Acting Chief Justice of...

Breaking: Supreme Court Collegium Recommends Transfer of 17 High Court Judges -Read Statement

The Supreme Court Collegium has recommended transfer/re-transfer of the 17 Judges of High CourtsThe following are the judges whose transfer has been recommended by the collegium in its meeting held on 16th September, 2021.Justice Jaswant Singh of Punjab & Haryana HC to Orissa HCJustice Sabina, presently judge of Rajasthan HC to Himachal PradeshJustice T.S. Sivagnanam, Madras HC Judge,...

SC Collegium Proposes To Appoint Justice Rajesh Bindal As Chief Justice Of Allahabad High Court -Read Statement

The Supreme Court Collegium has proposed to appoint Justice Rajesh Bindal as the Chief Justice of the Allahabad High Court, He is presently serving as the Acting Chief Justice of the Calcutta High Court. During his tenure as the ACJ, Justice Bindal was criticized by a fellow Judge over Roster management and purported violation of the Appellate Side Rules.Besides, the Chairman of...

SC Collegium Recommends Appointment Of Justice Akil Kureshi As Chief Justice Of Rajasthan High Court-Read Statement

The Supreme Court Collegium has proposed to appoint Justice Akil Kureshi as Chief Justice of the Rajasthan High Court. He is presently serving as the Chief Justice of Tripura High Court. Justice Kureshi enrolled as an Advocate in Gujarat after obtaining an LL.B. degree in 1983. He was appointed as an Additional Judge of the Gujarat High Court in March 2004 and was made a permanent judge...

Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-83]

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Reinstatement With Full Back Wages Is Not Automatic In Every Case Of Illegal Termination / Dismissal: Supreme Court

The Supreme Court reiterated that reinstatement with full back wages is not automatic in every case, where termination / dismissal is found to be not in accordance with procedure prescribed under law.In this case, an employee appointed as Clerk-cum-Cashier was dismissed from service by the Allahabad Bank alleging his involvement in the incident relating to burning of bank records. The...

Supreme Court Stays Calcutta High Court's Order For Equal Pay To Part-Time Teachers As Regular Teachers

The Supreme Court on Monday directed a stay on the order of Calcutta High Court directing the West Bengal Education Department to make payment of salaries to part-time teachers equal to basic pay in the scale of pay of a regular teacher working in Higher Secondary Section in a Non-Government Aided Higher Secondary School. A Division Bench comprising Justice Abdul Nazeer and...

Assessee Not Liable To Pay Interest On Short Payment Of Advance Tax Due To Default Of Payer In Deducting TDS Before 2012-2013 FY : Supreme Court

The Supreme Court has held that the amount of income tax which is deductible or collectible at source can be reduced by the assessee while calculating advance tax before 2012-2013 Financial Year.Therefore, the assessee cannot be held liable for interest under Section 234B of Income Tax for short-fall of advance tax which arises due to reducing the income tax deductible or collectible at...