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Supreme Court Allows Convict To Challenge J&K Policy Disallowing Remission In Terrorism-Related Offences
The Supreme Court today(July 15) allowed the petitioner, a life convict, to challenge a rule in the Jammu & Kashmir Prison Manual, 2022, which disallows premature release to those convicted in relation to a terrorism offence. The allegations against the petitioner are that he illegally obtained weapons and killed certain surrendered militants who were working as a local source to the...
S.39 Specific Relief Act | Principles On Grant Of Mandatory Injunction : Supreme Court Explains
The Supreme Court on Monday (July 14) observed that a grant of mandatory injunction under Section 39 of the Specific Relief Act, 1963 (“SRA”) is discretionary, and can be granted only upon the breach of an enforceable legal obligation. The Court said that a mandatory injunction cannot be granted unless there exists a legal right and there's a breach of that legal right. The...
Lawyer Has Duty To Inform About Party's Death; Plea Of Suit Abatement Can't Be Accepted If Defendant's Lawyer Suppressed Death : Supreme Court
The Supreme Court held that defendants cannot seek abatement of a suit on account of the death of some co-defendants when their counsel has knowingly suppressed the fact of their death.The Court held that such non-disclosure, despite the lawyer's obligation under Order XXII Rule 10A of the Civil Procedure Code cannot later be used to claim the benefit of abatement.“Under Rule 10A of Order...
'Won't Interfere With KEAM Results On Facts; Will Consider Principle Of Law For Future' : Supreme Court
The Supreme Court on Tuesday (July 15) orally remarked that it is not going to interfere with the Kerala Engineering Architecture and Medical (KEAM) exam results, but will consider for future the question of law whether the formula to standardise the marks of different boards can be changed after the exam.A bench comprising Justice PS Narasimha and Justice AS Chandurkar was hearing a...
Kanwar Yatra : Supreme Court Seeks UP & Uttarakhand Response On Plea Against QR Code Mandate To Food Sellers
The Supreme Court today granted one week's time to the States ot Uttar Pradesh and Uttarakhand to file their replies to an application challenging the Government mandate to the to food sellers along the Kanwar Yatra route to display QR code stickers on their banners, which would enable the pilgrims to access the owners' details.A bench of Justices MM Sundresh and N Kotiswar Singh issued...
Supreme Court Refuses To Entertain Plea To Ban AIMIM; Allows Petitioner To File Fresh Plea On Issue Of Parties With Religious Goals
The Supreme Court on Tuesday (July 15) refused to entertain a plea seeking cancellation of the registration of All India Majlis-e-Ittehadul Musalimeen (AIMIM) as a political party. At the same time, the Court allowed the petitioner to file a fresh writ petition raising larger issues regarding the validity of political parties with religious objectives.A bench comprising Justice Surya Kant...
Res Judicata Can't Be Ground To Reject Plaint Under Order VII Rule 11 CPC : Supreme Court
The Supreme Court held that a plea of 'res judicata' cannot be decided in an application filed under Order VII Rule 11 of the Code of Civil Procedure for rejection of a plaint.The Court held that res judicata is an issue to be decided in trial and cannot be summarily decided in an application to reject the plaint.A bench comprising Justice PS Narasimha and Justice Joymalya Bagchi was hearing...
Supreme Court To Hear Kanhaiya Lal Murder Case Accused's Plea Against Release Of 'Udaipur Files' Movie Tomorrow
The Supreme Court today agreed to list tomorrow a petition filed by an accused in the Kanhaiya Lal murder case seeking to stay the release of the controversial movie "Udaipur Files : Kanhaiya Lal Tailor Murder".The petition has been filed by one Mohammed Javed, who is facing trial as the eighth accused in the case. He sought a stay of the film's release till the trial in the case is...
Andhra Candidate Withdraws Plea In Supreme Court Regarding Telangana Judicial Service Mandate For Enrollment In Telangana
The Supreme Court today(July 14) dismissed as withdrawn a special leave petition filed by a judicial aspirant challenging the Telangana High Court's judgment whereby her appointment as a judicial officer was subjected to the outcome of a matter challenging April 2024 notification of the Telangana High Court for post of civil judge, which restricted appointment only to those candidates...