Legal News

April 13, 2026

Plaintiff's Failure To Enter Witness Box Draws Rebuttable Presumption, Not Fatal To Suit If Rebutted By Cogent Evidence: Supreme Court

By: sayum

"The adverse presumption, if any, drawn for non-appearing in the witness box by the plaintiff, is a rebuttal presumption and if the aforesaid presumption is successfully rebutted by the other...

April 13, 2026

Plaintiff Cannot File Fresh Suit For Title If Relief Was Omitted In Earlier Injunction Suit Arising From Same Dispute: Supreme Court

By: sayum

"Where a plaintiff omits to claim a relief which he or she is entitled to claim on the same cause of action, he/she is precluded from instituting a subsequent suit...

April 13, 2026

Litigants Can Challenge Non-Appealable Interlocutory Orders In Final Appeal Under Section 105 CPC: Supreme Court

By: sayum

"To hold that such an order has assumed irrevocable finality would be to defeat the very purpose of Section 105, CPC and to confer upon a non-appealable interlocutory order a...

April 13, 2026

High Court Cannot Usurp Governor's Statutory Discretion To Grant Extraordinary Pension Under 1981 Rules: Supreme Court

By: sayum

"Ordinarily, the Court would not substitute its decision in place of the decision required to be taken by the concerned authority in exercise of its discretion", Supreme Court of India,...

April 13, 2026

Multi-State Co-op Societies Can Only Invest In Entities With Substantially Similar Core Business Under Bye-Laws: Supreme Court

By: sayum

"Expression “any other institution in the same line of business” under Section 64(d) requires a substantial or predominant, or closely related sameness in business activities, which must be determined with...

April 13, 2026

MSCS Act | Co-operative Society Can't Acquire Corporate Debtor Under IBC If Not In 'Same Line Of Business' As Per Its Bye-Laws: Supreme Court

By: sayum

Supreme Court of India, in a significant ruling, held that a Multi-State Co-operative Society (MSCS) is ineligible to submit a resolution plan under the Insolvency and Bankruptcy Code (IBC) for...

April 13, 2026

Limitation Under Section 468 CrPC Is Computed From Date Of Filing Complaint, Not Date Of Cognizance: Supreme Court

By: sayum

"The relevant date for the purpose of reckoning the limitation under Section 468, Cr.PC is the date of filing of complaint or the date of initiation of criminal proceedings," Supreme...

April 13, 2026

Arguing Against Settled Law To Show Skill Wastes Court Time; Giving Up Such Arguments A Professional Virtue: Supreme Court

By: sayum

"Giving up an argument where a point of law is already decided is a professional virtue. It is part of ethics in professional conduct before the Court," Supreme Court, in...

April 13, 2026

Adjudicating Authority Only Needs To Check For 'Plausible' Pre-Existing Dispute Under Section 9 IBC, Not Its Success On Merits: Supreme Court

By: sayum

"All that is required is for the adjudicating authority to satisfy itself as to the existence of a plausible pre-existing dispute, which was not spurious, hypothetical or illusory," Supreme Court...

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