Supreme Court Asks Allahabad HC To Prioritise Disposal Of Matters Where Trial Is Stayed, Especially Landlord-Tenant Disputes

The Supreme Court recently urged the Allahabad High Court to prioritise the disposal of appeals/revisions/original petitions, where the trial has been stayed, particularly of landlord-tenant disputes.The Court asked the High Court to give out of turn hearing to such matters where the trial has been stayed.A bench of Justice BV Nagarathna and Justice KV Viswanathan passed the direction...

Measure Of Nation's Justice Lies In Sense Of Security Felt By The Poorest & Marginalised : Justice Surya Kant

"The measure of a nation's justice is how many of its citizens never had to fear injustice," said Supreme Court Justice Surya Kant in his address at an event on Saturday (April 26) commemorating 30-years of National Legal Services Authority (NALSA) organised in Gujarat. Justice Surya Kant was speaking at the Western Regional Conference–organized jointly by NALSA and Gujarat State Legal...

Manual Sewer Cleaner's Death : Supreme Court Summons Haryana Chief Secretary Over Failure To Consider Claim For Compensation

Recently, the Supreme Court passed an order summoning the Chief Secretary, Government of Haryana, to remain personally present in the Court after it found that the Government of Haryana failed to comply with the Court's order directing them to decide the representation of a petitioner for compensation of Rs. 30 lakhs after her husband died on account of inhaling poisonous gas while cleaning...

Supreme Court Seeks Affidavits From States/UTs On Compliance With Directions To Enforce POSH Act

The Supreme Court recently passed an order seeking follow-up affidavits from the Union, States and the Union Territories in regards to its comprehensive directions for effective compliance with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) passed last year on December 3.The directions, passed by a bench of Justices BV Nagarathna and...

Order 43 Rule 1A Doesn't Create Independent Appeal; Party To Suit Cannot Directly Appeal Against Compromise Decree : Supreme Court

The Supreme Court recently ruled that a party to a compromise decree cannot directly challenge the compromise before the Appellate Court without first approaching the trial court. “If a person was already a party to the suit, and denies that any lawful compromise ever took place, the CPC requires that person to go back to the Trial Court under the proviso to Order XXIII Rule 3 and ask...

'Not Enough To Have Rights, Unless Citizens Are Made Aware Of Their Rights They Wont Seek Enforcement': Justice BR Gavai

"It is not enough to have rights, it is necessary that citizens must know they have constitutional , statutory rights. Unless they are made aware they wont come forward to enforce them," said Supreme Court Justice BR Gavai while speaking at an event on Saturday (April 26) commemorating 30-years of National Legal Services Authority (NALSA). Justice Gavai was speaking at the Western...

Savarkar Defamation Case: Pune Court Allows Rahul Gandhi To Have Copies Of Books Written By Savarkar

In a development in the Savarkar defamation case, a Special MP/MLA Court in Pune allowed an application filed by Congress leader Rahul Gandhi to have copies of the two books authored by the Hindu Mahasabha leader, which are relied on as evidence by the complainant Satyaki Savarkar (grand nephewof Savarkar).Special Judge Amol Shinde allowed the application filed by Gandhi through his...

Dismissal Of Suit For Default Doesn't Bar Fresh Suit On Same Cause Of Action : Supreme Court

The Supreme Court recently held that the dismissal of a suit or application for default under Rules 2 or 3 of Order IX of the CPC does not prevent the filing of a fresh suit, as such dismissal does not constitute a judgment or decree, and therefore, the principle of res judicata does not apply. “It is, therefore, clear that an order of dismissal of a suit or application in default under...

Oran Identification In Rajasthan : Supreme Court Summons MoEFCC Secretary Over 'Callous Approach' In Constitution of Expert Committee

Displeased by a "callous approach" taken with regard to the constitution of an Expert Committee for Oran (sacred groves) identification in Rajasthan, the Supreme Court on April 16 summoned the Secretary of Ministry of Environment, Forest and Climate Change (MoEFCC).The Secretary shall appear before the Court on April 29 and show cause as to why contempt proceedings should not be initiated...

Supreme Court Asks Union To File Status Report On Policy To Promote Electric Vehicles & Provide Charging Infrastructure

In a PIL seeking promotion and implementation of electric vehicle policies, the Supreme Court recently asked the Union to file a status report regarding policy decisions taken by it to promote electric vehicles and provide infrastructure to facilitate their use."Learned Attorney General for India seeks and is granted four weeks' time to place on record the policy decision taken by the Union...

Govt Has Every Right To Cancel & Call Fresh Tender; Scope Of Judicial Review Limited : Supreme Court

The Supreme Court today (April 25) reiterated that the judicial interference in tender matters should be minimal and only permitted in cases of mala fide or blatant arbitrariness. Holding thus, the bench comprising Justices Bela M Trivedi and Prasanna B Varale set aside the Kerala High Court's decision which had interfered with the tendering process.The dispute arose after the Kerala...

FIRs Can Continue Against Borrowers Despite Setting Aside Of Their Loans' Classification As Fraudulent : Supreme Court

The Supreme Court today held that merely because the classification of bank accounts as fraudulent was set aside on technical grounds, the criminal proceedings and FIRs initiated against the account holders for the offence of fraud cannot be quashed.Observing so, the Court restored various criminal proceedings initiated by the Banks against borrowers.The bench of Justice MM Sundresh and...