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Plaint Cannot Be Rejected In Part Under Order VII Rule 11 Of CPC: Supreme Court
The Supreme Court on Tuesday (31.10.2023) held that a plaint cannot be rejected in part under Order VII Rule 11 of the Code of Civil Procedure, 1908. The Court also reiterated that when a plaint does not disclose a cause of action, it is liable to be rejected under Order VII Rule 11.“In simple terms, the true test is first to read the plaint meaningfully and as a whole, taking it to be...
IBC Resolution Plan Can't Ignore Government Dues : Supreme Court Dismisses Review Petitions Against 'Rainbow Papers'
The Supreme Court on Tuesday (October 31) dismissed a batch of review petitions filed against a 2022 judgment which held that the definition of a secured creditor under the Insolvency and Bankruptcy Code (IBC) 2016 included any government or governmental authority and that a resolution plan which ignored dues to the government was liable to be rejected.A bench comprising Justices AS Bopanna...
No Way To Prohibit Trading Of Electoral Bonds Since They Can Be Transferred, Says Supreme Court During Hearing [Day 1]
While hearing the batch of petitions challenging the anonymous electoral bonds scheme, the Supreme Court today commented on the lack of control over transactions involving Electoral Bonds owing to the transferability of the bonds. The Constitution bench comprising Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, JB Pardiwala, and Manoj Misra considered arguments raised...
Supreme Court To Hear Umar Khalid's Bail Plea Along With His Petition Challenging UAPA Provisions On Nov 22
The Supreme Court on Tuesday (October 31) decided to hear former JNU scholar and activist Umar Khalid's plea challenging various provisions of the Unlawful Activities (Prevention) Act, 1967, along with his pending bail application in the Delhi riots larger conspiracy case, on November 22. A bench of Justices Aniruddha Bose and Bela M Trivedi was hearing a writ petition filed by the UAPA...
'Can A Govt Sue Through Ministers?' : Supreme Court On Delhi Govt's Plea Against LG's Appointment As SWM Committee Head
The Supreme Court on Tuesday (October 31) questioned whether a government could sue or be sued through a minister, while hearing Delhi government’s plea against the appointment of Lieutenant-Governor VK Saxena as the head of a solid waste management panel.A bench of Justices Sanjay Kishan Kaul, Sudhanshu Dhulia, and Prashant Kumar Mishra was hearing a special leave petition filed by the...
Supreme Court Adjourns Hearing In SNC Lavalin Case
The Supreme Court on Tuesday (31.10.2023) adjourned the appeals filed by the Central Bureau of Investigation (CBI) challenging the discharge of Kerala Chief Minister Pinarayi Vijayan and other accused in the SNC Lavalin Case.A bench comprising Justices Surya Kant, Dipankar Datta and Ujjal Bhuyyan adjourned the hearing following a request for passover made on behalf of Additional Solicitor...
Motor Accident Claims | No Right To Recovery For Insurer Merely Because Vehicle Owner Didn't Verify Driver's License : Supreme Court
The Supreme Court on Monday (30th October) held that an insurance company cannot claim that it is not liable to pay compensation in a motor vehicle accident claim just because the vehicle owner did not verify the genuineness of the driving licence of the driver employed. The Court said that the burden is on the insurance company to prove that there was a failure on the part of the vehicle...
Is Profane Language 'Obscene' & 'Sexually Explicit' As Per Sec.67/67A IT Act? Supreme Court Reserves Judgment In 'College Romance' Case
The Supreme Court on Tuesday (31.10.2023), reserved for judgment the appeal filed by the makers of the TVF web series ‘College Romance’, who had challenged the Delhi High Court order that upheld registration of FIRs against them under Section 67 and 67A of Information Technology Act,2000 for showcasing vulgar and obscene content. The matter was heard by a bench of Justice AS Bopanna...
'Advocates-on-Record Are Not Not Mere Signing Authorities': Supreme Court Lambasts AoRs Filing Frivolous Petitions; Seeks Reform Measures
Advocates-on-record cannot be reduced to mere signing authorities, the Supreme Court observed on Tuesday (October 31), while lambasting the practice of signing off on petitions without examining their content. The Court has called for suggestions from the bar for framing a "comprehensive policy" to curb the practice of AoRs merely acting as signing authorities and filing frivolous...
Stubble Burning One Reason For Delhi Air Pollution, Says CAQM; Supreme Court Seeks Affidavits From Punjab, Haryana, UP, Rajasthan
The Supreme Court on Tuesday (October 31) asked the Governments of Punjab, Haryana, Uttar Pradesh, Rajasthan and Delhi to file affidavits setting forth the steps they have taken to control air pollution including the measures to curb crop burning.This was after the Commission for the Air Quality Management (CAQM) stated in its report submitted to the Court that one of the reasons for the...