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"I've been invited by (Sushil) Modi to attend his son's wedding. If I go there, I will expose him in public. We will thrash him inside his house, hold a public meeting at the marriage venue and vandalise things."
Tej Pratap,
RJD Chief Lalu Prasad Yadav's son
"Everyone else seems to be saying that the government can't do anything and I was like, wait a minute! You know child morality has been cut by half in 10 years? It's easy to get into this Indian-government-can't-do anything mode. The Indian Government is truly imperfect, but amazing things have happened. We need to keep some perspective. I was surprised.. people here were way more negative than I was."
Bill Gates,
Philanthropist and Co-founder of the Microsoft Corporation
"Those people who have miserably failed in the past are now opposing me. Even before I went to Ayodhya, they started saying I would not succeed. It looks as if they were afraid I would."
Sri Sri Ravi Shankar, Founder,
Art of Living on his recent efforts of amicably settling Ayodhya temple-masjid issue
"The only way to solve this is to broad-base economic growth. We need to focus on that as the ultimate solution rather than emphasise grievances... (they are) politically in short-term very convenient but have potential to bring apart the fabric of this country."
Raghuram Rajan, Former Governor,
Reserve Bank of India on majority of people feeling discriminated due to reservation
"Govt says PIL can't substitute for governance. But Governance should not be substituted by arbitrariness & corrupt decisions. PIL needed then"
Subramanian Swamy
Political party, Bharatiya Janata Party
Contempt of Courts

Allegations Against Registry

In Re: Mohit Chaudhary, Advocate v. Nil

AIR 2017 SC 3826

Hon'ble Jagdish Singh Khehar, CJI,Dr DY Chandrachud,Sanjay Kishan Kaul, JJ

Constitution of India: Art.145 Contempt of Courts Act, 1971: S.14

Advocate-on-Record (AOR), the contemnor made allegations against the Registry for indulging in malpractice of bench hunting to the benefit and serve interest to his client, which were found to be false. The contemnor abused the privilege of being an AOR under the Rules and hence found to be guilty of misconduct. Even after making an unconditional apology, the contemnor would not be permitted to practice as an AOR for a period of one month.

It is the duty of an advocate to put his best case for the litigant before the Court. However, he does not absolve the responsibility as an officer of the Court. It is a dual responsibility. Right of an Advocate-on-Record in the Supreme Court is not an automatic right coming from enrolment at the Bar.

Contempt jurisdiction is not only to protect the reputation of the concerned Judge, but also to protect the fair name of the judiciary and it extends to protect the Registry from false and unfair allegations.

Court Fees

Basis of Calculation

J Vasanthi v. N Ramani Kanthammal

AIR 2017 SC 3813

Hon'ble Dipak Misra, AM Khanwilkar,Mohan M Shantanagoudar, JJ

Tamil Nadu Court Fees and Suits Valuation Act, 1955: S.40

In a suit where the plaintiff is seeking declaration of sale deeds as invalid, court-fee is payable under Section 40 and not under Section 25. It cannot be decided on the basis of the evidence. Order of the Madras High Court, that the plaintiff denied execution of the sale deeds and hence court-fee payable would be under Section 25(d) and not under Section 40 of the TN Court Fees and Suit Valuations Act, was erroneous and reversed.
2016 (4) MadLJ 375, Reversed

Civil Procedure

Compromise Decree

Subash Mohapatra v. Kamala Mohapatra

AIR 2017 (NOC) 819 (Ori)

Hon'ble Dr AK Rath, J

Civil Procedure Code, 1908: O.23, Rr.3-A, 3 Proviso, Explanation

Setting aside of a compromise decree on account of fraud falls within the ambit of Rule 3-A of Order 23 of CPC. Separate suit is not required, and the Decree can be set aside under Order 23, Rule 3.
AIR 2015 SC 706, 1975 (I) CWR 52, Held, No longer good law in view of CPC Amendment of 1976

Banking Laws

Enforcement of Security Interest

State Bank of India, Mumbai v. Rajesh Khetan

AIR 2017 Pat 141

Hon'ble Hemant Gupta, Acting CJ, Sudhir Singh, J

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002: S.13(2) Transfer of Property Act, 1882: S.65-A

Where the rent agreement is unregistered, created before the agreement between the borrower and the Bank and there is non-disclosure of tenancy by the borrower at the time of availing loan, also no proof of delivery of possession or payment of rent creates a doubt about genuineness of the rent agreement, then if the Bank takes possession of the mortgaged collateral flats of borrower, the Applicant cannot
CWJC No. 12826 of 2016, Dt.31.08.2016 (Pat), Reversed


Appointment of Arbitrator

TRF Limited v. Energo Engineering Projects Limited

AIR 2017 SC 3889

Hon'ble Dipak Misra, AM Khanwilkar, Mohan M Shantanagoudar, JJ

Arbitration and Conciliation Act, 1996: S.11(6)

A person disqualified to act as an arbitrator cannot nominate another arbitrator.

Juvenile Justice

Determination of Age

Lok Nath Pandey v. State of Uttar Pradesh

AIR 2017 SC 3866

Hon'ble Ranjan Gogoi, L Nageswara Rao, Navin Sinha, JJ

Juvenile Justice (Care and Protection of Children) Act, 2000: S.68(1)

There were two different dates of birth of the accused in two different schools. Date of birth in the earlier school was entered on the declaration of the parents and in the second school on his own. The accused declared different dates of birth to obtain a PAN card in his own declaration. Earlier Matriculation certificate should prevail under the relevant Rules. The accused cannot be declared as a juvenile.
CRLA No.3456 of 2011, Dt.25.09-2014 (All), Reversed

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