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Res Judicata Can't Be Decided In Application Under Order VII Rule 11 CPC As Previous Suit Documents Have To Be Seen : Supreme Court
The Supreme Court has recently reiterated that the principle of res judicata cannot be invoked as a ground for the rejection of a plaint under Order VII Rule 11(d) of the Code of Civil Procedure (CPC). This decision, delivered by a bench comprising Justices Abhay S. Oka and Justice Pankaj Mithal clarified the scope and application of Rule 11(d) of CPC and its relationship with the doctrine of...
Vimukta Day Lecture By Justice KV Viswanathan-Full Text
At the outset, let me convey my thanks to the Criminal Justice and the Police Accountability Project (CPA Project) for inviting me to share my thoughts on the 71st anniversary of repealing the Criminal Tribes Act (CTA). Even spelling out the name of this Act is very jarring. Through the course of this conversation, we will see how horrendous the Act was, which attributed criminality at the...
Supreme Court Comes To Rescue Of Party Who Filed Cheque Bounce Case In Wrong Court After Noting He Got Incorrect Legal Advice
In a notable case, the Supreme Court recently gave relief to a party whose complaint for cheque dishonour was dismissed by the Magistrate at the final hearing stage on the ground of lack of territorial jurisdiction.The Supreme Court invoked its special powers under Article 142 of the Constitution to transfer the case to the appropriate Court, after noting that the party did not receive...
Motor Accident Claims : Supreme Court Directs States To Deposit Costs Towards Efforts Of Amicus Curiae
The Supreme Court recently directed all State Governments and Union Territories to deposit money with the Court's Registrar for the labour put in by the Amicus Curiae in a matter related to the implementation of the amended Motor Vehicles Act and the Central Motor Vehicles Rules. The States were asked to deposit Rs. 30,000/- each while the UT's were asked to deposit Rs. 20,000/-. On two...
CJI DY Chandrachud Cautions Lawyers Against Resorting To Strikes & Boycotts
Chief Justice of India DY Chandrachud cautioned against lawyers resorting to strikes and boycotting courts. Issues could always be amicably resolved by discussion and co-operation between the Bar and the Bench, he said on Sunday (September 17) addressing lawyers at Chhatrapati Sambhaji Nagar to mark the 75th Marathwada Liberation Day, also known as Marathwada Mukti Sangram Din.The CJI...
In Special Sunday Sitting, Madras High Court Stays Single Judge Order Allowing Sale Of Ganesh Idols Containing Plaster Of Paris
In a special Sunday sitting, a division bench of the Madras High Court has stayed an order of a single judge allowing the sale of Ganesh idols made using Plaster of Paris.On Saturday, Justice GR Swaminathan of the Madurai bench observed that while the sale of Vinayaka idols made of plaster of Paris cannot be restricted, their immersion in water bodies can be restricted. The single judge had...
'ED Targeting Political Opposition': Jharkhand CM Hemant Soren Urges Supreme Court To Monitor Enforcement Directorate's Functioning
Jharkhand Chief Minister Hemant Soren has moved the Supreme Court of India against the latest summons issued by the Enforcement Directorate (ED) in connection with a money laundering case. The chief minister and leader of Jharkhand Mukti Morcha (JMM) had earlier approached the apex court challenging the summons issued previously by the central agency, asking him to appear for...
When UAPA Is Invoked, People Continue To Be Behind Bars Even With Little Or No Evidence, That's The Real Tragedy : Rebecca John
During a panel discussion held to mark the launch of the book, authored by Gautam Bhatia, ‘Unsealed Covers: A Decade of the Constitution, the Courts, and the State, Senior Advocate Rebecca John made strong observations about the Unlawful Activities (Prevention) Act, 1967 (UAPA). She stated: “What is the problem with UAPA? I mean, there are many problems… the whole act is problematic...
“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XV]
ALTERATION OR REVOCATION OF PROBATE OR LETTERS OF ADMINISTRATIONQ.71 Can errors in a Probate or Letters of Administration be rectified ? Ans. Yes. Chapter 3 of PART IX of the Indian Succession Act deals with the alterations and revocations of a Probate or Letters of Administration. As per Section 261, errors in the names, descriptions or in setting forth the time...
Ganesh Idols Containing Plaster Of Paris Can't Be Immersed, But Can Be Sold : Madras High Court
UPDATE : In Special Sunday Sitting, Madras High Court Stays Single Judge Order Allowing Sale Of Ganesh Idols Containing Plaster Of ParisWhile trying to strike a balance between the right to carry on trade and the need to protect the environment, the Madras High Court has observed that while the sale of Vinayaka idols made of plaster of Paris cannot be restricted, their immersion in...
Public Conversations About Judicial Ideology Necessary: Gautam Bhatia
During a panel discussion held to mark the launch of the book, authored by Gautam Bhatia, ‘Unsealed Covers: A Decade of the Constitution, the Courts, and the State’., Bhatia spoke about certain important issues in the Indian Judiciary including about the acknowledgment of judicial ideology. The panel also included Former Orissa High Court Chief Justice S Muralidhar, renowned criminal...
In Suit For Passing Off, Plaintiff Required To Prove Figures Of Sale/ Advertisement Expenses To Establish Goodwill : Supreme Court
The Supreme Court has reiterated that in a suit for passing off, for establishing goodwill of the product, it is necessary for the plaintiff to prove not only the figures of sale of the product but also the expenditure incurred on promotion and advertisement of the product. The Court was hearing an appeal against the decision of the High Court, who had stayed the execution of the decree passed...