Order VII Rule 11(d) CPC: Plaint Can Either Be Rejected As A Whole Or Not At All, Reiterates SC [Read Judgment]

" If the plaint survives against certain defendant(s) and/or properties, Order 7 Rule 11(d) of CPC will have no application at all, and the suit as a whole must then proceed to trial."

SC Defers Hearing Of Challenge Against MHA's 'Snooping' Order Authorizing Central Agencies To Monitor Online Data

The Supreme Court on Tuesday deferred hearing on a string of PILs challenging the Ministry of Home Affairs' notification of December 20 last year authorizing ten Security and Intelligence agencies to intercept, monitor and decrypt "any information generated, transmitted, received or stored in any computer."The petitions, filed by inter alia advocate M.L. Sharma, Internet Freedom Federation...

'Direct Cash Transfers Close To Polls Amount To Corrupt Practice', Alleges Plea In SC; Court Seeks ECI Response [Read Petition]

Cash transfers during polls are done without proper budgetary allocations, the petitioner alleged.

Mitakshara Law - Property Inherited By A Male Will Remain As Coparcenary Property For Descendants Upto Three Degrees Below Him : SC [Read Judgment]

The Supreme Court has held that the rule under Mitakshara law that whenever a male ancestor inherits any property from any of his paternal ancestors upto three degrees above him, then his male legal heirs upto three degrees below him would get an equal right as coparceners in that property will apply in cases of succession which opened before Hindu Succession Act 1956.Applying this...

Land Owners Not Entitled To An Alternative Site Or Flat In All Cases Of Acquisition: SC [Read Judgment]

The Supreme Court has observed that there is no rule that in all cases of acquisition of the land that the owner must be given an alternative site or flat.In a writ petition related to acquisition for a project of MRTS (Railways), the Madras High Court issued a direction to the State Government and Tamil Nadu Housing Board to provide alternative land to the the land owners...

Principle Of 'Pay And Recover' Can Be Ordered If Driver Of Offending Vehicle Does Not Possess A Valid Driving License: SC [Read Judgment]

The Supreme Court has reiterated that, if the driver of the offending vehicle does not possess a valid driving license, the principle of 'pay and recover' can be ordered to direct the insurance company to the pay the victim, and then recover the amount from the owner of the offending vehicle.Parminder Singh, a driver, was driving a Hyundai Elantra car in which Captain...

Judicial Review: Only Palpably Arbitrary Decisions Of Executive In Economic Matters Can Be Interfered With: SC [Read Judgment]

"The court, in the garb of judicial review, cannot usurp the jurisdiction of the decision maker and make the decision itself"

Consuming Liquor In A Private Vehicle In A Place Accessible To Public Is Punishable Under Bihar Excise Act : SC [Read Judgment]

The Court also held that any person who is found drunk in Bihar can be punished, even though he may have consumed alcohol outside the state.

UAPA: SC Dismisses PFI Leader's Plea Seeking Discharge In RSS Worker Murder Case [Read Judgment]

The Supreme Court has dismissed an appeal filed by a Popular Front of India leader accused in the murder of a RSS worker Rudresh in Karnataka.Asim Shariff's application under Section 227 of Code of Criminal Procedure, 1973 seeking his discharge from the case in which he was accused of various provisions under Indian Penal Code and Unlawful Activities(Prevention) Act, was...

SC Dismisses PIL To Earmark PoK And Gilgit As LS Seats

The Supreme Court on Monday dismissed a PIL seeking a direction to the Centre to earmark and declare Pakistan-occupied Kashmir (PoK) and Gilgit as parliamentary seats. A bench headed by Chief Justice Ranjan Gogoi also imposed a fine of Rs 50,000 on former RAW official Ram Kumar Yadav for filing the petition and termed it "legally untenable". The plea said as many as 24 Assembly...

Plea For 'Marital Rape' As A Ground For Divorce: SC Asks Petitioner To Approach Delhi HC

The Supreme Court on Monday declined to intervene on a petition seeking a direction to the Central government for clear guidelines on the registration of FIRs for marital rape and to frame appropriate laws to qualify marital rape as a ground for divorce. The bench headed by Justice S. A.Bobde asked petitioner-advocate Anuja Kapur to approach the Delhi High Court, where a similar matter may...

Economic Reservation : SC To Begin Hearing Of Challenge Against 10% EWS Quota From July 16

The Supreme Court bench headed by Justice S A Bobde today said that it will begin hearing from July 16 the petitions chalenging the 10% quota for Economically Weaker Sections(EWS) introduced by 103rd Constitution Amendment passed by Parliament last January.The bench also agreed to hear the plea for interim stay of implementation of the EWS quota. A bunch of petitions have been filed in...