Section 47 CPC | Executing Court Can Consider Only Questions Limited To Execution Of Decree; Can't Go Behind Decree: Supreme Court

Lamenting the long delay in the execution of decrees, the Supreme Court observed that under Section 47 of the Code of Civil Procedure, the Executing Court can only go into questions that are limited to the execution of decree and can never go behind the decree.As per Section 47, all questions arising between the parties to the suit in which the decree was passed, or their representatives,...

"Governor Acting As A Political Rival": Tamil Nadu Government Moves Supreme Court Against Governor RN Ravi's Inaction In Assenting Bills

The Tamil Nadu Government has moved Supreme Court alleging that the Governor of the State of Tamil Nadu Dr RN Ravi has positioned himself as a "political rival" to the State Government and is obstructing the State Legislative Assembly's ability to carry out its duties by excessively delaying the consideration of bills that the Assembly has passed. Asserting that the Governor’s inactions...

Second Petition Under S.482 CrPC On Grounds Available At The Time Of First Petition Not Maintainable: Supreme Court

The Supreme Court on Monday (30th October) held that a second petition under Section 482 Criminal Procedure Code, 1973 on grounds that were available for challenge even at the time of filing of the first petition would not be maintainable.A bench of Justice C T Ravikumar and Justice Sanjay Kumar observed that even though there is no absolute bar on a second petition under S. 482, such a...

If Trial Is Delayed For No Fault Of Accused, Courts Must Consider Grant Of Bail: Supreme Court

Detention or jail before being pronounced guilty of an offence should not become punishment without trial, said the Supreme Court in the judgment refusing bail to former Delhi Deputy Chief Minister Manish Sisodia in the Delhi liquor policy scam case. The Court in its judgment has emphasised that the right to speedy trial is a fundamental right within the scope of Article 21 of the...

National Anthem Disrespect Case: Mumbai Court Dismisses Complaint By BJP Functionary Against West Bengal CM Mamata Banerjee

A Metropolitan Magistrates Court in Mumbai has dismissed private complaint filed by a BJP functionary against West Bengal's CM Mamta Banerjee for allegedly disrespecting the National Anthem in 2022.“The complaint is dismissed,” the roznama read. A detailed copy of the order is awaited. Magistrate SB Kale reconsidered the complaint after the Sessions Court set aside the order of issuance...

Kerala High Court Amends Rules For Designation Of Senior Advocate In Terms Of Latest Supreme Court Directions

The Kerala High Court has introduced new amendments to the High Court of Kerala (Designation of Senior Advocates) Rules, 2018 . The amendments are made for complying with recent directions issued by the Apex Court n Indira Jaising v. Union of India (2023) modifying the norms for senior designation.As per the amendments, an advocate who mainly practices before the High Court may be considered...

Inapplicability of "Section 11(1) and 11(2) When the Mark Is not an 'Earlier Trademark': Delhi HC Reiterates

Recently, the Delhi High Court in Kia Wang Versus The Registrar Of Trademarks & Anr. reiterated that when the mark in question is not an ‘earlier trade mark’, Sections 11(1) and 11(2) are inapplicable. Facts IN 2014, the Petitioner and his wife established ROCKPAPA, a brand dedicated to designing, manufacturing, and distributing various children's products, such as...

UP Court Finds Ex-MLA Mukhtar Ansari Guilty In 2010 Gangsters Act Case, Sentenced To 10 Years In Jail; 6th Conviction In 13 Months

An MP/MLA Court in Uttar Pradesh's Ghazipur District yesterday convicted former MLA Mukhtar Ansari in a Gangster Case registered by the State Police in 2010 after being accused of plotting a conspiracy to kill one Kapil Dev Singh, a teacher by profession, who was murdered in 2009.He has been sentenced to 10 years in jail and a fine of Rs. 5 lakh has also been imposed on him. Ansari, 60,...

Detention Orders With Irrelevant Grounds Violate Constitutional Rights, Grants Detenu Right To Seek Relief From Court: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that including irrelevant or non-existent grounds in a detention order violates the constitutional rights of the detenu, allowing them to seek court relief.Justice Vinod Chatterji Koul explained that such inclusions infringe upon two crucial rights: firstly, the inclusion of irrelevant or non-existent grounds infringes upon the primary...

'Unjust Enrichment' : Karnataka RERA Directs Developer To Transfer Corpus Fund To Owners' Association, Fulfil Promises In Senior Citizen's Project

The Karnataka Real Estate Regulatory Authority (KRERA) has directed a private developer engaged in the construction of a senior citizens' project in Mandya District to transfer the entire corpus fund of Rs 62.26 lakh, collected from buyers to the owners' association.“It is also to be noted that common amenities under the project are made available for the common use and enjoyment of...

NCLT Mumbai: Tribunal Is A Judicial Authority With Power To Refer Matter To Arbitration If Dispute Falls Within Scope Of Arbitration Agreement

The National Company Law Tribunal (“NCLT”), Mumbai Bench, comprising of Mr. Kishore Vemulapalli (Judicial Member) and Mr. Prabhat Kumar (Technical Member), dismissed an application and held that the Tribunal is a judicial authority, and has the power to refer the matter to Arbitration if it finds that the dispute is arbitral and falls within the scope of...

Delhi Riots: Court Discharges 11 Men In Dilbar Negi Murder Case, Frames Charges Against One

A Delhi Court on Wednesday discharged 11 men in a Delhi riots case alleging that a mob caused vandalism, put on fire a sweet shop as a consequence of which a 22 year old boy namely Dilbar Negi died after after sustaining burn injuries. (FIR 39/2020 PS Gokulpuri)Additional Sessions Judge Pulastya Pramachala of Karkardooma Courts observed that the presence of the 11 accused persons in the...