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Bench Comprising Justices Sanjay Karol and Manmohan Introduction: The Supreme Court clarified the scope of Order XII Rule 6 of the Civil Procedure Code (CPC), stating that suits may be dismissed suo motu by the court based on the plaintiff's admissions that undermine their claim. This decision emphasized the wide discretionary power of courts under Order XII Rule 6 CPC, enabling them to pass judgments on their own motion at any stage of the trial. Order XII Rule 6 CPC: Allows....
Read MoreBench Comprising of Justices J.B. Pardiwala and R. Mahadevan Introduction This Supreme Court judgment pertains to the interpretation of Section 17 of the Limitation Act, 1963, in the context of a suit seeking cancellation of a sale deed allegedly executed by fraud. The Court clarified that to invoke Section 17, it is not sufficient to allege that the transaction was fraudulent; the plaintiff must prove that the fraud actually prevented her from knowing her right to sue. Section 17,....
Read MoreThe National Legal Services Authority (NALSA) filed a public interest litigation before the Supreme Court of India to represent the rights of the transgender community. NALSA highlighted that transgender persons, despite being a part of Indian society for centuries, have been continuously discriminated against and excluded from social and legal recognition. The petition emphasized that transgender people face severe marginalization in key areas such as education, jobs, healthcare, and housing. This lack of recognition and support has caused significant hardship....
Read MoreIn this case, the petitioner, Joginder Kumar, was called to the office of the Senior Superintendent of Police (SSP), Ghaziabad (Respondent No. 4) on January 7, 1994, for questioning in connection with a certain case. Joginder appeared at the SSP's office around 10:00 AM, accompanied by his four brothers. However, once he arrived, the SSP kept him in custody. When his brothers later asked about his whereabouts, they were told that Joginder would be released the same evening after the....
Read MoreA Bench of Justice Vikram Nath, Justice Sanjay Karol and Justice Sandeep Mehta Introduction The Supreme Court has reserved its judgment in a writ petition filed by death row convict Vasanta Sampat Dupare, seeking application of the 2022 Manoj judgment which laid down sentencing guidelines in death penalty cases. The petitioner urges the Court to consider mitigating factors under Article 32, even though the original sentence had attained finality. Facts Vasanta was convicted and sentenced to death for the rape and....
Read MoreIn the case of R v Foster, a witness saw a vehicle driving at high speed in the direction of the victim but did not actually see the moment of the accident. After the accident occurred, the victim who was visibly in shock spoke to the witness and described what had happened. Issue Before the Court The main legal issue in this case was whether the victim’s statement, made shortly after the accident while still in a state of shock,....
Read MoreThe Bench Comprising Justices JB Pardiwala and R Mahadevan Introduction The Supreme Court held that a plaint cannot be rejected under Order VII Rule 11(d) CPC as time-barred if the issue of limitation involves mixed questions of law and fact. The judgment reinforces the principle that such matters require trial and evidence before determination. Facts The Appellant filed a suit in 2014 seeking cancellation of a sale deed, claiming to have discovered fraud in 2011. The Respondent contended the cause of....
Read MoreBench of Justice Dipankar Datta and Justice Manmohan Introduction: In this case, the Hon’ble Supreme Court reiterated the settled legal position that the mere existence of civil proceedings or remedy does not bar criminal prosecution, especially when allegations disclose the commission of a cognizable offence. The judgment came in the context of a commercial dispute that involved allegations of cheating and forgery, where the High Court had quashed the FIR citing parallel civil litigation. Section 420 IPC(Now 318 of BNS)....
Read MoreIn 1999, Murli S. Deora, a well-known Indian human rights activist, filed a civil writ petition before the Supreme Court of India under Article 32 of the Constitution. It was a public interest litigation (PIL) aimed at banning smoking in public places. The main argument made by the petitioner was that smoking in public seriously harmed public health and violated the right to life and personal liberty guaranteed under Article 21 of the Constitution. Murli S. Deora highlighted that non-smokers....
Read MoreBench of Justices Vikram Nath and Prasanna B. Varale Introduction: The Supreme Court clarified that if a party denies the existence or legality of a compromise decree, they cannot directly approach the appellate court. Instead, they must first challenge the compromise before the trial court under the proviso to Order XXIII Rule 3 of the CPC. It was held that Order XLIII Rule 1-A CPC does not create an independent right of appeal; it only allows challenge to a non-appealable....
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