Civil Procedure

Supreme Court Modifies Advance Medical Directive Guidelines: Common Cause vs. Union of India (24 January 2023)

/ Ajay Rastogi, Aniruddha Bose, C.T. Ravikumar, Civil Procedure, Constitutional Law, Constitutional Law with Article 21, Fundamental Rights, Hrishikesh Roy, Judges, K.M. Joseph, Writ Petition

Supreme Court Modifies Advance Medical Directive Guidelines: Common Cause vs. Union of India (2023) LEGAL ISSUE: Clarification and modification of guidelines for Advance Medical Directives. CASE TYPE: Public Interest Litigation/Constitutional Law Case Name: Common Cause (A Regd. Society) vs. Union of India Judgment Date: 24 January 2023 Date of the Judgment: 24 January 2023 Citation: […]

Supreme Court Modifies Advance Medical Directive Guidelines: Common Cause vs. Union of India (24 January 2023) Read Post »

Supreme Court overturns conviction under Section 138 of Negotiable Instruments Act: Rajaram vs. Maruthachalam (2023) INSC 26

/ Acquittal, B.R. Gavai, Civil Law, Civil Suit, Criminal Appeal, Criminal Law, Judges, M.M. Sundresh, Negotiable Instruments Act, 1881, Negotiable Instruments Act, 1881 with Section 118(a), Negotiable Instruments Act, 1881 with Section 138, Negotiable Instruments Act, 1881 with Section 139, Promissory Note

Supreme Court overturns conviction under Section 138 of Negotiable Instruments Act: Rajaram vs. Maruthachalam (2023) INSC 26 Date of the Judgment: 18 January 2023 Citation: 2023 INSC 26 Judges: B.R. Gavai, J. and M.M. Sundresh, J. Can a conviction under Section 138 of the Negotiable Instruments Act be sustained if the accused demonstrates a probable

Supreme Court overturns conviction under Section 138 of Negotiable Instruments Act: Rajaram vs. Maruthachalam (2023) INSC 26 Read Post »

Supreme Court Overturns Conviction in Dowry Harassment Case: Rajaram vs. State of Madhya Pradesh (2022)

/ Admissibility of Evidence, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 32, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 304B, Indian Penal Code, 1860 with Section 498A, Judges, Offences Against Women, S. Ravindra Bhat, Sudhanshu Dhulia

Supreme Court Overturns Conviction in Dowry Harassment Case: Rajaram vs. State of Madhya Pradesh (2022) LEGAL ISSUE: Admissibility and evidentiary value of dying declarations in dowry harassment cases. CASE TYPE: Criminal Law, Dowry Harassment Case Name: Rajaram vs. State of Madhya Pradesh [Judgment Date]: 16 December 2022 Date of the Judgment: 16 December 2022 Citation:

Supreme Court Overturns Conviction in Dowry Harassment Case: Rajaram vs. State of Madhya Pradesh (2022) Read Post »

Supreme Court clarifies procedure for indigent suits: Solomon Selvaraj vs. Indirani Bhagawan Singh (2 December 2022)

/ Cause of Action, Civil Procedure, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order 33, Code of Civil Procedure, 1908 with Order 33 Rule 15A, Code of Civil Procedure, 1908 with Order 33 Rule 5, Indigent Suits, Judges, M.M. Sundresh, M.R. Shah, Res Judicata

Supreme Court clarifies procedure for indigent suits: Solomon Selvaraj vs. Indirani Bhagawan Singh (2022) LEGAL ISSUE: Whether a court can reject an application to sue as an indigent person based on the merits of the suit, such as res judicata or lack of cause of action. CASE TYPE: Civil Procedure. Case Name: Solomon Selvaraj &

Supreme Court clarifies procedure for indigent suits: Solomon Selvaraj vs. Indirani Bhagawan Singh (2 December 2022) Read Post »

Land Allotment Authority Dispute: Supreme Court Remands Case of Rajaram Abasaheb Deshmukh vs. State of Maharashtra (4 November 2022)

/ Civil Procedure, Judges, Judicial Review, Jurisdiction of Authorities, Land Allotment, Land Law, M.M. Sundresh, M.R. Shah, Powers of High Court, Rehabilitation Schemes, Remand of Cases

Supreme Court Remands Land Allotment Dispute: Rajaram Abasaheb Deshmukh vs. State of Maharashtra (2022) LEGAL ISSUE: Authority of Deputy Collector to allot land under rehabilitation scheme CASE TYPE: Land Allotment Dispute Case Name: Rajaram Abasaheb Deshmukh vs. State of Maharashtra and Ors. Judgment Date: 4 November 2022 Date of the Judgment: 4 November 2022 Citation:

Land Allotment Authority Dispute: Supreme Court Remands Case of Rajaram Abasaheb Deshmukh vs. State of Maharashtra (4 November 2022) Read Post »

Supreme Court Addresses Defective Filings and Infructuous Cases: Raghunath Behera vs. State of Odisha (2022)

/ Civil Procedure, Judges, Pamidighantam Sri Narasimha, Special Leave Petition

Supreme Court Addresses Defective Filings and Infructuous Cases Date of the Judgment: November 1, 2022 Judges: Justice Pamidighantam Sri Narasimha Can a case be dismissed for not rectifying defects even after multiple reminders? The Supreme Court of India recently dealt with a large batch of cases where the filings had defects. This blog post summarizes

Supreme Court Addresses Defective Filings and Infructuous Cases: Raghunath Behera vs. State of Odisha (2022) Read Post »

Supreme Court Rejects Claim of Ownership Based on Conflicting Pleas of Sale Deed and Adverse Possession: Kesar Bai vs. Genda Lal (2022) INSC 1005 (14 October 2022)

/ Adverse Possession, Civil Procedure, Judges, Krishna Murari, M.R. Shah, Permanent Injunction, Property Law, Sale Deed

Supreme Court Rejects Claim of Ownership Based on Conflicting Pleas of Sale Deed and Adverse Possession Date of the Judgment: 14 October 2022 Citation: (2022) INSC 1005 Judges: M.R. Shah, J., Krishna Murari, J. Can a person claim ownership of a property based on both a sale deed and adverse possession simultaneously? The Supreme Court

Supreme Court Rejects Claim of Ownership Based on Conflicting Pleas of Sale Deed and Adverse Possession: Kesar Bai vs. Genda Lal (2022) INSC 1005 (14 October 2022) Read Post »

Supreme Court Upholds Fair Price Shop License Cancellation: Ram Kumar vs. State of Uttar Pradesh (28 September 2022)

/ B.R. Gavai, C.T. Ravikumar, Civil Procedure, Judges, Natural Justice, Necessary Party, Right to be Heard

Fair Price Shop Allotment: Supreme Court Upholds Cancellation of License (28 September 2022) Date of the Judgment: 28 September 2022 Citation: 2022 INSC 459 Judges: B.R. Gavai, J. and C.T. Ravikumar, J. Can a fair price shop license be canceled if the dealer engages in malpractices? The Supreme Court of India recently addressed this question

Supreme Court Upholds Fair Price Shop License Cancellation: Ram Kumar vs. State of Uttar Pradesh (28 September 2022) Read Post »

Supreme Court settles Compensation Apportionment under Land Acquisition Act: Patel Kodarbhai Mohanbhai vs. Sonata Ceramica Pvt. Ltd. (2022) INSC 436

/ Appeals, Civil Procedure, Compensation Apportionment, Impleadment of Parties, Judges, Land Acquisition Act, 1894, Land Acquisition Act, 1894 with Section 30, M.R. Shah, Pamidighantam Sri Narasimha

Supreme Court Settles Compensation Apportionment Under Land Acquisition Act: Patel Kodarbhai Mohanbhai vs. Sonata Ceramica Pvt. Ltd. (2022) INSC 436 LEGAL ISSUE: Dispute regarding the apportionment of compensation for land acquired under the Land Acquisition Act, 1894. CASE TYPE: Land Acquisition Case Name: Patel Kodarbhai Mohanbhai vs. Sonata Ceramica Pvt. Ltd. and Others Judgment Date:

Supreme Court settles Compensation Apportionment under Land Acquisition Act: Patel Kodarbhai Mohanbhai vs. Sonata Ceramica Pvt. Ltd. (2022) INSC 436 Read Post »

Supreme Court Closes Contempt Petitions in Property Dispute: N. Srinivasa Rao vs. Smt. Ranjeev R. Acharya (2022)

/ Civil Procedure, Contempt of Court, Inherent Jurisdiction of Supreme Court, Judges, Property Dispute, S. Ravindra Bhat, Uday Umesh Lalit

Supreme Court Closes Contempt Petitions in Property Dispute: N. Srinivasa Rao vs. Smt. Ranjeev R. Acharya (2022) LEGAL ISSUE: Whether contempt petitions related to a property dispute should be entertained. CASE TYPE: Contempt of Court, Property Dispute Case Name: N. Srinivasa Rao vs. Smt. Ranjeev R. Acharya & Anr. and Govindraj & Ors. vs. Smt.

Supreme Court Closes Contempt Petitions in Property Dispute: N. Srinivasa Rao vs. Smt. Ranjeev R. Acharya (2022) Read Post »

Supreme Court Clarifies Deadline for NRI Attestation in Kerala Admissions: Maha P. vs. State of Kerala (22 July 2022)

/ A S Bopanna, Admissions, Clarification of Factual Error, Dhananjaya Y Chandrachud, Judges, Miscellaneous Application, Modification of Court Order, NRI Admissions, Supreme Court of India

Supreme Court Clarifies Deadline for NRI Attestation in Kerala Admissions: Maha P. vs. State of Kerala (2022) LEGAL ISSUE: Clarification of a factual error in a previous Supreme Court judgment. CASE TYPE: Civil Appellate Jurisdiction Case Name: Maha P. & Ors vs. The State of Kerala & Ors. Judgment Date: 22 July 2022 Date of

Supreme Court Clarifies Deadline for NRI Attestation in Kerala Admissions: Maha P. vs. State of Kerala (22 July 2022) Read Post »

Supreme Court Remands Land Dispute Case: Farooqi Begum vs. State of Uttar Pradesh (2022)

/ Civil Procedure, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VI Rule 17, Judges, Land Reforms, S. Abdul Nazeer, U.P. Zamindari Abolition and Land Reforms Act, 1952, U.P. Zamindari Abolition and Land Reforms Act, 1952 with Bhumidhar, Vikram Nath

Supreme Court Remands Land Dispute Case: Farooqi Begum vs. State of Uttar Pradesh (2022) LEGAL ISSUE: Whether the High Court erred in upholding the lower courts’ decision regarding the resumption of a land grant and the possession of the disputed property. CASE TYPE: Civil Land Dispute Case Name: Farooqi Begum (D) By Lrs. vs. The

Supreme Court Remands Land Dispute Case: Farooqi Begum vs. State of Uttar Pradesh (2022) Read Post »

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