KUM GEETHA, D/O LATE KRISHNA & ORS. vs. NANJUNDASWAMY & ORS.

KUM GEETHA, D/O LATE KRISHNA & ORS. vs. NANJUNDASWAMY & ORS.

Supreme court succinctly undo the order of the high court which allowed the application under order 7 rule11 and restore the suit with respect to the property mentioned in schedule A. Apex court inferred that the High court has prejudicially applied the principle of the application for rejection of plaint under order 7 rule 11. High court can not get into merits of the case in a revision petition where court is considering an application for the rejection of plaint which was dismissed by the trial court.

PARTIAL REJECTION OF PLAINT: ORDER 7 RULE 11 CPC

rejecting order 7 rule 11

It is not permissible to cull out a sentence or a passage and to read it out of the context in isolation. Although it is the substance and not merely the form that has to be looked into, the pleading has to be construed as it stands without addition or subtraction of words or change of its apparent grammatical sense….”

AMENDMENT OF PLAINT WHILE REJECTING UNDER ORDER 7 RULE 11 OF CPC.

rejecting order 7 rule 11

High court held that the trial court was not justified having allowed application for amendment under order 6 rule 17 while the relief for the rejection of plaint has been granted under order 7 rule 11 of CPC . Supreme court ratified the judgment of the High court and held that order of the trial court was not in consonance with law.

CONTEMPT OF COURT

contempt of court

contempt jurisdiction is a powerful weapon in the hands of the courts of law but that by itself operates as a string of caution and unless, thus, otherwise satisfied beyond reasonable doubt, it would neither be fair nor reasonable for the law courts to exercise jurisdiction under the Act.

ARTICLE 32 AND 226 OF CONSTITUTION

Article 32 and 226

This is most crucial right among all the fundamental rights guaranteed under part III of the constitution. It confers original and exclusive jurisdiction of the Supreme court, thereby declaring the apex court as custodian of the fundamental rights, additionally this court has no more important function then to preserve the fundamental rights.

RUPA ASHOK HURRA vs. ASHOK HURRA

rupa ashok hurra vs. ashok hurra

Whether an aggrieved person is entitled to any relief under article 32 against the final judgment of the apex court after dismissal of review petition?

whether an order passed by this Court can be corrected under its inherent powers after dismissal of the review petition on the ground that it was passed either without jurisdiction or in violation of the principles of natural justice or due to unfair procedure giving scope for bias which resulted in abuse of the process of the court or miscarriage of justice to an aggrieved person.

WRIT JURISDICTION- Article 32 and 226 of constitution

rupa ashok hurra vs. ashok hurra

Power of supreme court and high court to invoke writ jurisdiction under article 32 and 226 respectively along with landmark judgments.

During the constituent assembly debate Dr. B. R. Ambedkar highlight that one particular of the constitution without which constitution will be nugatory is “Article 32 which is very soul and heart of constitution.

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