Current Affairs

DAILY CURRENT AFFAIRS (18 JULY 2024)

by | Jul 18, 2024

SUPREME COURT: COMPROMISE DEED MUST BE IN WRITING AND SIGNED

Case: Amro Devi & Ors. vs. Julfi Ram (Deceased) Thr.LRS. & Ors.

The Supreme Court emphasized that a valid compromise under Order 23 Rule 3 of the CPC requires a written and signed agreement. Mere oral statements in court are inadequate. The Court reinstated the trial court’s decision, which dismissed the suit due to the lack of a documented compromise.

 

Legal Provision: Order 23 Rule 3 of the Code of Civil Procedure, 1908.

Framework:

  • The Supreme Court ruled that a compromise must be in writing and signed by the parties to be valid.
  • Oral statements in court are insufficient for a lawful compromise.
  • The Court reinstated the trial court’s dismissal of the suit due to the lack of a written and signed compromise agreement.

Source- Supreme Court of India

 

SUPREME COURT: MAINTENANCE MUST ENSURE DECENT LIVING STANDARD

Case: Kiran Jyot Maini vs. Anish Pramod Patel

The Supreme Court directed a husband to pay Rs. 2 Crores in permanent alimony to his wife, aiming to ensure a decent living standard. The court considered factors such as the social and financial status, lifestyle, and responsibilities of both parties. The marriage was dissolved due to its irretrievable breakdown.

 

Legal Provision: Section 25 of the Hindu Marriage Act, 1955.

Framework:

  • The Supreme Court ordered the husband to pay Rs. 2 Crores as permanent alimony to ensure the wife maintains a decent living standard.
  • The decision considered social and financial status, lifestyle, and responsibilities of both parties.
  • The marriage was dissolved due to its irretrievable breakdown.

Source- Supreme Court of India

 

SUPREME COURT CLARIFIES DOCTRINE OF MERGER IN SLP CASES

Case: State of Uttar Pradesh and Anr. v. Virendra Bahadur Katheria and Ors.

The Supreme Court clarified that once leave is granted in a Special Leave Petition, the challenged judgment merges with the Supreme Court’s ruling, which becomes the binding decision. The Court overturned the Allahabad High Court’s judgment and upheld the state’s 2011 order on revised pay scales for educators.

 

Legal Provision: Article 136 of the Indian Constitution.

Framework:

  • The Supreme Court clarified the doctrine of merger, stating that when leave to appeal is granted in a Special Leave Petition, the lower court’s judgment merges with the Supreme Court’s decision.
  • The Supreme Court’s ruling becomes the final and binding decision.
  • The Court overturned the Allahabad High Court’s judgment and upheld the state’s 2011 order on revised pay scales for educational officers.

Doctrine of Merger:

  • The doctrine of merger implies that when a higher court passes a decision on an appeal, the judgment of the lower court merges into that of the higher court.
  • Once the Supreme Court grants leave to appeal and passes a judgment, the decision of the lower court loses its independent existence and is subsumed by the higher court’s ruling.

Source- Supreme Court of India

Also Read- DAILY CURRENT AFFAIRS (17 JULY 2024)

Written By Vishakha Khatri

My name is Vishakha Khatri. I am an engineering graduate and a civil service aspirant with a passion for spreading knowledge about Indian polity. I believe that understanding our political system is crucial for every citizen, and I am committed to making this information accessible to everyone in my own easy way. Through my experiences in civil service preparation and my unique perspective as an engineering graduate, I hope to inspire and educate others on the importance of Indian polity.

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