Supreme Court Monthly Digest With Nominal And Subject/Statute Wise Index- December 2022 (Citation 999-1041)

Advocates Act 1961 - Disciplinary action against striking lawyers - Bar Council of India to take appropriate action against all the executive members of different Bar Associations on strike contrary to directions of this Court and logically we would expect their licences to be suspended at least till the work is resumed and further action against the members of the Action Committee. PLR Projects Pvt. Ltd. v. Mahanadi Coalfields Ltd., 2022 LiveLaw (SC) 1006 Advocates Act 1961 - Supreme Court Rules - Advocates-on-Record System - Supreme Court has authority to prescribe who can act or plead in the court as per Article 145 of the Constitution read along with Section 52(b) of The Advocates Act, 1961 - Challenge against AoR system dismissed. Nandini Sharma v. Registrar, Supreme Court of India, 2022 LiveLaw (SC) 1018 Central Educational Institutions (Reservation in Teachers' Cadre) Act, 2019 - Supreme Court directs Centre and IITs to follow the reservation and act as per the reservations provided under the Act. Sachchida Nand Pandey v. Union of India, 2022 LiveLaw (SC) 1037 Code of Civil Procedure, 1908; Order XXI - Execution Proceedings - The woes of a decree holder begin after obtaining a decree. It is in execution that a decree holder is confronted with an unimaginably large number of obstacles. (Para 1) Bhagyoday Cooperative Bank Ltd. v. Ravindra Balkrishna Patel, 2022 LiveLaw (SC) 1020 Code of Civil Procedure, 1908; Order XXI - The mere dismissal of the first application on the ground of default may not result in the decree holder being precluded from filing a fresh execution petition provided it is within time. (Para 21) Bhagyoday Cooperative Bank Ltd. v. Ravindra Balkrishna Patel, 2022 LiveLaw (SC) 1020 Code of Civil Procedure, 1908; Order XXI Rules 46, 46A - Execution Court should have first attached the debt under Order 21 Rule 46 before proceeding to pass the order under Order 21 Rule 46A - Order 21 Rule 46A in the case of debt must be understood as a debt spoken of in Order 21 Rule 46 of CPC and the debt must have been attached under Order 21 Rule 46 - Order 21 Rule 46A excepts, debt secured by a mortgage or a charge. Once these conditions are fulfilled, then upon an application being made by the 'attaching creditor' a notice may be issued to the garnishee. (Para 27- 28) Bhagyoday Cooperative Bank Ltd. v. Ravindra Balkrishna Patel, 2022 LiveLaw (SC) 1020 Code of Civil Procedure, 1908; Order XXI Rules 46, 46A - The exception is in regard to 'such other property' which though not in the possession of the judgment debtor, is property deposited or is in the custody of any Court - In regard to such property Order 21 Rule 46 and therefore Order 21 Rule 46A will not apply. (Para 25) Bhagyoday Cooperative Bank Ltd. v. Ravindra Balkrishna Patel, 2022 LiveLaw (SC) 1020 Code of Civil Procedure, 1908; Order XXX Rule 4 and Order XXII Rule 10 - The death of one of the partners does not foreclose the continuation of the civil proceedings initiated by the firm - Where two persons have sued in the name of a partnership firm and if one of such persons dies during the pendency of the proceedings, it is not necessary to join the legal representatives of the deceased as a party to such proceedings, which shall continue in accordance with law. (Para 6-11) Sumer Singh Galundia v. Jeevan Singh, 2022 LiveLaw (SC) 1041 Code of Civil Procedure, 1908; Order XXXIII Rule 1 - When having prima facie found that the plaint does not disclose any cause of action and the suit is barred by res judicata it cannot be said that the Trial Court committed any error in rejecting the application to sue as indigent persons - However, observations that the suit is barred by res judicata and/or on no cause of action shall be treated confine to deciding the application to sue as indigent person only. (Para 6.4 - 6.6) Solomon Selvaraj v. Indrani Bhagawan Singh, 2022 LiveLaw (SC) 1004 Code of Civil Procedure, 1908; Order XXXIII Rules 1, 7, 8 - If the application to sue as indigent person is granted thereafter the suit shall be numbered and registered - Till then the plaint/suit shall be at pre-numbered and pre-registered stage. (Para 6.2) Solomon Selvaraj v. Indrani Bhagawan Singh, 2022 LiveLaw (SC) 1004 Code of Civil Procedure, 1908; Sections 38, 39 - For the effective working of Section 39 of CPC, in other words, there must be a Court which has passed a decree - When Sections 38 and 39 of the CPC are not as such applicable, the decree holder may seek to execute the decree in any Court which otherwise has jurisdiction. (Para 24) Bhagyoday Cooperative Bank Ltd. v. Ravindra Balkrishna Patel, 2022 LiveLaw (SC) 1020 Code of Criminal Procedure 1973; Section 319 - Power has to be excercised before the conclusion of the trial, which means before the pronouncement of the judgment. (Para 33) Sukhpal Singh Khaira v. State of Punjab, 2022 LiveLaw (SC) 1009 Code of ...

Supreme Court Monthly Digest With Nominal And Subject/Statute Wise Index- December 2022 (Citation 999-1041)

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