Supreme court
Supreme Court To Hear Plea Against Demolition Drive In Tughlakabad Area Tomorrow
The Supreme Court on Monday refused to stay the demolition drive to remove encroachment from Tughlakabad area in South Delhi. The Bench comprising Justice Sanjiv Khanna and Justice MM Sundresh sought the response of the Central Government, Archaeological Survey of India (ASI) and the Delhi Development Authority (DDA). The Bench has listed the matter for further consideration tomorrow. "Let...
Don't Seek Extension Of Time For Investigation At Last Moment, Accused Will Get Right To Default Bail : Supreme Court To NIA, Police
The Supreme Court cautioned the Investigating agencies against filing of applications seeking extension of time for completing the investigation at the last moment.A bench comprising Chief Justice of India DY Chandrachud and Justice JB Pardiwala made this observation after noting that the Punjab Police(investigation later taken over by the NIA) had filed an application seeking to extend the...
Home Secretary Cannot Order Further Investigation Or Reinvestigation Of Case By Another Agency : Supreme Court
The Supreme Court recently held that Section 173(3) read with Section 158 of CrPC does not permit the Secretary (Home) to order for further investigation or reinvestigation by another agency, other than the officer in charge of the concerned Police Station and/or his superior officer.The division bench of Justice M.R. Shah and Justice C.T. Ravikumar observed:“….as it is a case...
How To Decide If A Marriage Has Irretrievably Broken Down? Supreme Court Indicates Factors
In a significant judgment, the Supreme Court has held that it can dissolve marriages on the ground of 'irretrievable breakdown of marriage', by invoking the powers under Article 142 of the Constitution, as per which the Supreme Court can issue extraordinary directions to do "complete justice".It may be noted that "irretrievable breakdown of marriage" is not a statutorily recognised ground...
Parties Cannot Directly Approach Supreme Court Under Article 32 Seeking Divorce On Ground Of Irretrievable Breakdown Of Marriage : SC
While holding that irretrievable breakdown of marriage can be a ground to grant divorce by invoking powers under Article 142 of the Constitution, the Supreme Court clarified that a party cannot file a writ petition under Article 32 of the Constitution of India and seek relief of dissolution of marriage on the ground of irretrievable breakdown of marriage directly from it.The Constitution...
Waiting Period For Mutual Consent Divorce As Per S.13B(2) Of Hindu Marriage Act Can Be Waived Invoking Article 142 : Supreme Court
A Constitution Bench of the Supreme Court has held that it can invoke the special powers under Article 142 of the Constitution of India to waive the waiting period of 6 to 8 months prescribed for seeking divorce through mutual consent as per Section 13-B of the Hindu Marriage Act 1955.The 5-judge bench comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, AS Oka, Vikram Nath and JK...
Supreme Court Grants Notional Seniority To Private Secretaries At Delhi High Court Whose Marks Increased Post Re-evaluation Of Answer Sheets
Recently, the Supreme Court granted notional seniority to Private Secretaries at the Delhi High Court, who had applied against 27 vacant posts in 2016, on the basis of a revised merit list upon increase of marks on re-evaluation of their answer sheets.A Bench comprising Justice MR Shah and Justice Sanjay Karol set aside the order of the Delhi High Court which quashed the revised merit...
Order VII Rule 11 CPC - Plaint To Be Rejected If It Is Vexatious, Illusory Cause Of Action And Barred By Limitation : Supreme Court
The Supreme Court observed that a plaint should be rejected under Order VII Rule XI(a) and (d) of CPC if it is vexatious, illusory cause of action and barred by limitation.In this case, the defendant filed an application seeking rejection of plaint contending that the suit was clearly barred by limitation and therefore, the plaint ought to have been rejected under Order VII Rule XI(d) of the...
Chargesheet Not Incomplete Merely Because It Was Filed Without Sanction; Accused Can't Seek Default Bail On That Ground : Supreme Court
The Supreme Court today pronounced a judgement holding that an accused person would not be entitled to default bail on the ground that the chargesheet filed against them is without a sanction of valid authority and hence is an incomplete chargesheet. The judgement was pronounced by a bench comprising CJI DY Chandrachud and Justice JB Pardiwala. The bench held that whether the sanction of a...
'Irretrievable Breakdown of Marriage' A Ground To Dissolve Marriage Invoking Article 142 Powers : Supreme Court
In a significant verdict, a Constitution Bench of the Supreme Court on Monday held that it can invoke its special powers under Article 142 of the Constitution of India to grant divorce on the ground of irretrievable breakdown of marriage, which is not yet a statutorily recognised ground."We have held that it is possible for this court to dissolve marriage on the ground of irretrievable...
Pension : Supreme Court Rejects Claim Of Employees To Count Entire Period Of Work-Charged Service For Pension
The Supreme Court has recently held that service rendered as work charged employee cannot be counted for the purpose of pension. The Court refused to accept a plea to consider the entire period of work charged service as service for computing pension and upheld a rule framed by the Bihar Government by which the work-charged service will be counted only to the extent of shortfall in...
Specific Relief Act | Action To Cancel Instrument Under Section 31 Is Not Action In Rem : Supreme Court
The Supreme Court reiterated that an action instituted under Section 31 of the Specific Relief Act, 1963 for cancellation of an instrument is not an action in rem. It means that the cancellation of instrument as per this section will bind only the parties to the proceedings and will not operate universally against everyone.A bench comprising Justices Abhay S Oka and Rajesh Bindal made...