Supreme court
Observations By Coordinate Bench No Ground To Review A Judgment : Supreme Court Lays Down 8 Principles On Scope Of Review
Observations made by a coordinate bench about a judgment cannot be a ground to review it, said the Supreme Court while dismissing review petitions filed against the 2022 judgment in State Tax Officer v. Rainbow Papers Ltd 2022 LiveLaw (SC) 743.In Rainbow Papers, a bench comprising Justices Indira Banerjee (since retired) and AS Bopanna held that a resolution plan under the Insolvency...
Witness Not Discredited By Mere Contradiction Between Testimony And Statement Given To Police : Supreme Court
The Supreme Court recently observed that a witness will not stand totally discredited merely because the testimony given during the trial contradicted the earlier statement given to the police. "No doubt statement given before police during investigation under Section 161 are “previous statements” under Section 145 of the Evidence Act and therefore can be used to cross examine a witness....
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...
'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...
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...
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,...
Section 313 CrPC | 'Right To Remain Silent Not Be Used Against Accused' : Supreme Court Summarises 12 Principles
Recently, the Supreme Court, in a noteworthy judgment, while acquitting a woman accused of killing her own child and was convicted for murder and sentenced to life imprisonment, also decided the question of what may be required of the convict in her statement under Section 313 Code of Criminal Procedure (Cr.P.C).Citing extensive thread of precedents, the Top Court penned down the...