[Order 17 Rule 3 CPC] Suit Can Be Decided On Merit If There Is Some Material, Though It May Not Be Strictly "Evidence" : Supreme Court

Recently, the Supreme Court held that the Court can decide a suit on merit under Order 17 Rule 3 Code of Civil Procedure if there is some material for deciding on merit, even though the material may not be technically interpreted as evidence. It clarified that the decision can be based on pleadings, documents and burden of proof. However, it observed that the Court should indicate if the...

Power To Transfer Cases To Be Used Sparingly; May Cast Unnecessary Aspersions On State Judiciary & Prosecution Agency: Supreme Court

While considering a plea seeking transfer of a criminal trial, the Supreme Court recently reiterated the conditions pre-requisite for a transfer.A bench of Justices Surya Kant and JK Maheshwari opined that the power of transfer under Section 406, Code of Criminal Procedure is to be exercised sparingly and only when justice is apparently in grave peril. “This Court has allowed transfers only...

Supreme Court Stays Notification Cancelling Nagaland Local Body Polls; Issues Contempt Notice To State, SEC

The Supreme Court, on Wednesday, issued notice in a contempt plea alleging non-compliance of the order of the Apex Court directing the State Government and the Nagaland State Election Commission to hold local body election in Nagaland. Notice was issued to both the State Government and the State Election Commission. The Court directed them to file their response within a week’s time....

Supreme Court Requests Delhi HC To Decide Plea To Allow Namaz In A Mosque Outside Qutub Enclave 'As Soon As Possible'

The Supreme Court, on Wednesday, refused to entertain a plea seeking permission to perform namaz in a mosque, which is situated inside the Qutub Minar complex, but outside the Qutub enclave. However, considering that the issue is already before the Delhi High Court, the Apex Court requested it to consider the petition expeditiously.“We do not find any good ground to interfere in the...

"Politicians Can't Claim Higher Immunity" : Supreme Court Refuses To Entertain Plea Of 14 Opposition Parties Against 'Misuse' Of CBI & ED

The Supreme Court on Wednesday refused to entertain a petition filed by fourteen political parties alleging that central investigating agencies such as the Directorate of Enforcement (ED) and the Central Bureau of Investigation (CBI) are being weaponised by the Union Government to clamp down on dissent by arresting opposition leaders. A division bench of Chief Justice DY Chandrachud and...

'Sealed Cover Procedure Infringes Open Justice' : Supreme Court Devises 'Public Interest Immunity Claim Procedure' As Alternative

Sealed cover procedure infringes the principles of natural justice and open justice, the Supreme Court said today while allowing Malayalam news channel MediaOne's plea against the telecast ban imposed on it by the Central government.In this case, the channel was kept in the dark about the reasons for withholding security clearance, which were informed to the High Court by the Ministry of...

Lawyers Free To Appear Online In View Of Rising COVID Cases : CJI DY Chandrachud

Chief Justice of India DY Chandrachud on Wednesday said that lawyers are free to appear virtually in view of the rising COVID cases."We saw newspaper reports on rising COVID cases. Lawyers can use hybrid mode. If you choose to appear online, we will hear you. The hybrid mode is on and I see many lawyers who are appearing online. So please feel free to", CJI Chandrachud...

Press Has Duty To Speak Truth To Power, Critical Views On Govt Policies Can’t be Termed Anti-Establishment: Supreme Court

The Supreme Court today made significant remarks on the freedom of press and its importance in a democracy.A free press present citizens with hard facts and shines a light on the functioning of the State, a bench comprising Chief Justice of India DY Chandrachud and Justice Hima Kohli said.The Court was deciding Malayalam news channel MediaOne's plea against the telecast ban imposed on it by...

Supreme Court Lifts Telecast Ban On MediaOne, Says State Using Plea Of 'National Security' To Deny Citizens' Rights

In a significant judgment, the Supreme Court on Wednesday ruled against the telecast ban imposed by the Union Government on Malayalam news channel MediaOne.The Court passed the judgment in a special leave petition filed by Madhyamam Broadcasting Ltd (MBL) - the company running the channel- assailing the Kerala High Court's judgment of upholding the decision of the Ministry of Information...

HC Order Reducing Sentence in Motor Accident Case Quashed, SC Says, ‘Undue Sympathy Unsustainable When Aim of IPC is to Punish Offenders’

“The Indian Penal Code is punitive and deterrent, with its principal aim and object being punishing offenders for committing offences under the act,” said the Supreme Court on March 28, while reversing a decision by the Punjab and Haryana High Court to lessen a sentence imposed on a man convicted in a motor accident case, of rash driving and causing death due to negligence. The...

Supreme Court Weekly Round-Up (27th March 2023-2nd April 2023)

Judgements/OrdersBanks Must Give Opportunity Of Hearing To Borrowers Before Classifying Their Accounts As Fraud : Supreme CourtCase Title : State Bank of India vs Rajesh Agarwal and connected casesCitation : 2023 LiveLaw (SC) 243In a significant verdict, the Supreme Court held that borrowers must be heard before their accounts are classified as fraud. The Court held that the principles of...

For Res Judicata To Apply, Previous Suit Should Have Been Decided On Merits : Supreme Court Explains Principles

In a notable judgment explaining the principles of res judiciata, the Supreme Court has held that an order closing the proceedings in a case cannot be construed as a final decision on merits so as to bar a subsequent suit.Accordingly, the Court set aside a judgment and decree of the Delhi High Court which rejected the plaint of an Eviction Petition for being in violation of the principles of...