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“The expression “Cause of Action” has been described to mean every fact which would be necessary for the plaintiff to prove, if traversed, in order to support the plaintiff's right to judgment. In other words, cause of action consists of a bundle of material facts which are necessary for the plaintiff to prove in order to entitle the plaintiff to the relief claimed. For ascertaining cause of action, the averments made in the plaint must be read in its entirety - and not in isolation - and must be held to be correct. Simply put, the plaintiff must prove its case on the averments made in the plaint and further the relief claimed must have a real nexus with the cause of action pleaded. 17 MB,J & MGP,J CCCA.No.62 of 2024 The Plaint must disclose a clear Right to Sue – not an Illusion or Mirage of a Cause of Action,” the Division Bench of Justice Moushumi Bhattacharya and Justice M. G. Priyadarsini noted.
The Telangana High Court has upheld the rejection of a plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908, emphasizing that a plaint must disclose a clear right to sue and not merely an illusion or mirage of a cause of action.
#Case no.: CCCA.No.62 of 2024
#Division Bench of Justice Moushumi Bhattacharya and Justice M. G. Priyadarsini..
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https://www.instagram.com/p/C_CljE3PKRA/?igsh=MWlmczdicHhqaXFhcA==
The judges opined that the word 'utterance' must not be given a pedantic interpretation.
"If such narrow interpretation is accepted, many a men will walk away, unhindered by consequences merely by shooting e- mails or using social media platforms to malign and insult a woman and outrage her modesty. Modern technology makes such manner of perpetrating the offense verily real. Similarly, to 'exhibit' an object is not restricted to actually and physically exhibiting it by the accused himself, but the exhibition can be by way of an agency of a device such as a personal computer, mobile phone or any other electronic device," the judges held.
Case Title: Joseph Paul De Souza vs State of Maharashtra (Criminal Writ Petition 3480 of 2011).
supreme-court-reiterates-prima-facie-view-that-second-slp-cannot-be-filed-if-first-slp-was-dismissed-without-any-reasons-or-was-withdrawn-
Case no.: Special Leave to Appeal (C) Nos. 17501-17502/2024
Case Title: NF Railway Vending and Catering Contractors Association Lumding Division v. Union of India & Ors
The Supreme Court bench of Justice Dipankar Datta and Justice Prashant Kumar Mishra reiterated its prima facie view that in cases where a special leave petition (SLP) was dismissed by way of a non-speaking order or withdrawal, the remedy of filing a fresh SLP does not exist.
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https://www.instagram.com/p/C-u88_fvcIn/?igsh=MWFvb3p6cXZneWVlZQ==
#8_Judges___Senior_Designation ??
The following former judges have been conferred the senior gown:
Justice AM Babu, former judge, High Court of Kerala
Justice Gudiseva Shyam Prasad, former judge, High Court for the States of Telangana and Andhra Pradesh
Justice M Venugopal, former judge, Madras High Court
Justice Mungeshwar Sahoo, former judge, Patna High Court
Justice Prakash Naik, former judge, Bombay High Court
Justice Shashikant Gupta, former judge, Allahabad High Court
Justice T Raja, former Acting Chief Justice, Madras High Court
Justice Vivek Puri, former judge, High Court of Punjab and Haryana.
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