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Supreme Court Half Yearly Digest 2022 (Jan – Jun) Motor Vehicles Act
Constitution of India, 1950; Article 12 - State - Whether Automotive Research Association of India Is A State -The majority of the members of the Association are associated with the manufacturers of the automobiles or their components and are not in service of the government. They are private players and from the motor vehicle industry - The main objective and function of...
Jamiat Ulama-i-Hind Moves Supreme Court Seeking Proper Enforcement Of Places Of Worship Act
A writ petition under Article 32 of the Constitution has been moved in the Supreme Court which is in nature of a Public Interest Litigation seeking orders from the Supreme Court for effective enforcement of the Places of Worship (Special Provisions) Act, 1991.The petition filed by the Jamiat Ulama-i-Hind has submitted that Muslim Places of Worship are being made the subject matter of...
Former IPS & IFS Officers Move Supreme Court Challenging Remission Of Bilkis Bano Case Convicts
A Public Interest Litigation has been filed in the Supreme Court against the remission granted to the 11 convicts in the Bilkis Bano case by a former woman police officer, a former woman Indian Foreign Service Officer, and a renowned academic with expertise on issues of public policy and governance.The petition has been filed by Dr Meeran Chadha Borwankar(former IPS officer), Madhu...
Every Death In Hospital Does Not Amount To Medical Negligence : Supreme Court
The Supreme Court recently upheld an order passed by the National Consumer Dispute Redressal Commission observing that, "every death in an institutionalized environment of a hospital does not necessarily amount to medical negligence on a hypothetical assumption of lack of due medical care."The Supreme Court bench of Justice D. Y. Chandrachud, Justice A. S. Bopanna and Justice J. B. Pardiwala...
Is Petition Under Article 227 Of Constitution Maintainable If Alternative Remedy Of Civil Revision Petition U/Sec 115 CPC Is Available ? SC Issues Notice
Is a petition under Article 227 of the Constitution of India maintainable if alternative remedy of Civil Revision Petition under Section 115 of Code of Civil Procedure is available?In this case, a petition under Article 227 was filed before the Allahabad High Court challenging a District Court's order rejecting the amendment application under Order 6 Rule 17 CPC. The respondent objected...
Legality Of Order Setting Defendant Ex Parte Can Be Challenged In Appeal Even Without Filing Application Under Order IX Rule 13 CPC: Supreme Court
The Supreme Court observed that while challenging ex parte decree by filing an appeal, the defendant (who had not filed application under Order IX Rule 13 CPC ) can argue that ex parte proceedings against him was unjustified.It is only when the application made by a defendant under Rule 13 of Order IX of CPC is dismissed that such a defendant cannot agitate in the appeal against ex parte...
Justice Chandrachud Bats For Digitisation Of Court Records, Lauds Orissa High Court Model
The Orissa High Court observed the 'First Anniversary' of the Record Room Digitisation Centre ('RRDC') on Friday at the Odisha Judicial Academy, Cuttack. The event witnessed the virtual presence of Dr. Justice Dhananjaya Y. Chandrachud, Judge, Supreme Court of India and the Chairperson of the Apex Court's E-Committee as the 'Chief Guest'. Chief Justice of the Orissa High Court Dr. Justice...
"Matters Before Delhi High Court": Supreme Court Refuses To Entertain Plea Challenging Agnipath Recruitment Scheme
The Supreme Court, on Friday, refused to entertain a plea, which in essence assailed the Agnipath recruitment scheme for the armed forces. A Bench comprising Justices D.Y. Chandrachud and Hima Kohli asked the petitioner, who is an advocate, not to re-agitate the issues, which are pending adjudication before the Delhi High Court. "Matters have gone to the Delhi High Court, now do not...
Litigants Making Allegations Against Judicial Officers Whenever Orders Adverse To Them Are Passed : Supreme Court Deprecates 'Demoralizing' Practice
Nowadays, there is a tendency to make such allegations against the judicial Officers whenever the orders are passed against a litigant and the orders are not liked by the concerned litigant, remarked the Supreme Court in a recent order passed dismissing a transfer petition.One of the grounds taken in the Transfer Petition filed under Section 25 of the Code of Civil Procedure was that...
Supreme Court Dismisses Plea Seeking Amendment Of Hindu Succession Act As Recommended In 204th Law Commission Report
The Supreme Court dismissed a writ petition seeking direction to amend the Hindu Succession Act 1956 as recommended by the Law Commission of India in its 204th report.The bench comprising Justices DY Chandrachud and Hima Kohli noted that the petitioner (S. Venkatesh) is not an aggreived person. A mandamus, it is well settled, cannot be issued to the legislature to enact or amend legislation,...
"Marital Rape Exception For Husband Unconstitutional" : AIDWA Moves Supreme Court Challenging Exception To Section 375 IPC
The Supreme Court of India on Friday adjourned a batch of petitions filed against the split verdict passed by a Two-judge Bench of the Delhi High Court on the criminalisation of marital rape.During the hearing, a Bench of Justices Ajay Rastogi and BV Nagarathna said that it would tag all similar matters together and hear on September 16.When asked on what exactly was being challenged,...
