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New Ruling: Supreme Court Rejects Equivalence of 18-Month Open Distance Learning Diploma to 2-Year Regular Diploma for Assistant Teacher Posts

  In a groundbreaking decision on Monday, the Supreme Court overturned the Uttarakhand High Court’s verdict, declaring that the 18-month Diploma in Elementary Education (D.El.Ed.) obtained through Open and Distance Learning (ODL) mode from the National Institute of Open Schooling (NIOS) is not equivalent to a 2-year regular diploma. The bench, led by Justices BR …

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Supreme Court Emphasizes Need for Reasoned Order in Rejecting Insolvency Resolution Plans

In a recent landmark decision, the Supreme Court has underscored that the National Company Law Tribunal (NCLT) must issue a detailed and reasoned order when rejecting a resolution plan under Section 31(2) of the Insolvency and Bankruptcy Code, 2016. The court’s ruling highlights the imperative for courts and tribunals to articulate cogent reasons for their …

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SUPREME COURT REEVALUATES ‘ASIAN RESURFACING’ RULING ON AUTOMATIC STAY EXPIRATION; DEFERS TO 5-JUDGE PANEL

In a momentous turn of events, the Supreme Court, on December 1, expressed reservations about its 2018 decision in the case of Asian Resurfacing of Road Agency P. Ltd. Director v. Central Bureau of Investigation. This landmark ruling stated that interim stay orders issued by High Courts and other courts in civil and criminal cases …

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Upholding Judicial Integrity: Supreme Court Advocates Dignified Working Conditions for Judges

In a landmark ruling on November 30, 2023, the Supreme Court emphasized the imperative of ensuring dignified working conditions for judicial officers, both during their active service and post-retirement. The pivotal case, All India Judges Association v. Union of India, focused on the implementation of recommended pay hikes for judges, as proposed by the Second …

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Supreme Court Clarifies Admissibility Rules for Unstamped Documents in Landmark Decision

  In a groundbreaking decision on Tuesday, the Supreme Court emphasized the importance of proper stamping for admissibility, stating that an insufficiently stamped document cannot serve as secondary evidence. The bench, led by Justice Abhay S Oka and Justice Sanjay Karol, cited various legal precedents to underscore this principle. Case Background: Battle Over Agreement to …

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New Perspectives: Supreme Court Emphasizes Lack of Severe Injuries and Intent in Land Dispute Case

In a groundbreaking decision on November 28, the Supreme Court overturned a conviction under Section 307 of the Indian Penal Code (IPC) for attempt to murder. The court attributed its decision to two crucial factors: the absence of repeated or severe blows and the simple nature of the injuries sustained by the victims. The court …

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Supreme Court Upholds Independence of State University Chancellors: A Landmark Verdict

In a landmark ruling on November 30, 2023, the Supreme Court of India delivered a resounding affirmation of the independence of State University Chancellors from the influence of Councils of Ministers. The verdict, which saw the re-appointment of Dr. Gopinath Ravindran as Vice Chancellor of Kannur University in Kerala set aside, has far-reaching implications for …

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Scope and Limitations of Court’s Power to Summon Witnesses Under Section 311 CrPC

In India, under Section 311 of the Code of Criminal Procedure (CrPC), the court has the authority to summon or recall any person as a witness at any stage of a trial if it considers their testimony essential to the interests of justice. This provision ensures that no aspect of a case is overlooked and …

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Agreement to Sell Does Not Transfer Property Ownership Rights

The Supreme Court of India’s decision in Civil Appeal No. 10327 of 2011, involving Munishamappa versus M. Rama Reddy & Ors., presents a complex legal scenario, particularly relevant to lawyers. This analysis will dissect the judgment’s nuances, emphasizing its implications for property law, contract law, and legal procedures in India. Background of the Case The …

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Understanding the Application of ‘Order 22: Abatement and Survival of Suits’ under the CPC

Introduction Order 22 of the Code of Civil Procedure, 1908 (CPC), plays a pivotal role in civil litigation in India. It addresses the procedural framework for the abatement and survival of suits in cases of death, marriage, and insolvency of parties involved. Key Provisions of Order 22 Automatic Abatement (Rule 1): A suit automatically abates …

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