“the first hearing of the suit” can never be earlier than the date fixed for the preliminary examination of the parties (0. X, R. 1) and the settlement of issues (0. XIV, R. 1 (5)).The question of law raised before us may perhaps be pronounced upon as it is of general importance. S. 20 (4) of., the Act which we have excerpted above fixes the crucial date for deposit of rent as “at the first hearing of the suit,” What is “the first hearing of the suit”? Certain decisions have been cited before us of the Allahabad High Court which indicate that “the first hearing of the suit” is when, after the framing of issues, the suit is posted for trial, that is, production of evidence. In the matters of State statutes where procedure has to be pronounced upon, the practice of the Court is the best guide to interpretation and the Allahabad High Court having pronounced upon the question we think we ordinarily accept such interpretation unless there is something revoltingly wrong about the construction. We see none here and, therefore, adopt as correct the decision of the High Court regarding the meaning of the expression “at the first hearing of the suit”. We may however add that the expression “at the first hearing of the suit” is also to be found in 0. X, R. 1; 0. XIV, R. 1 (5) and 0. XV R. I of the Code of Civil Procedure. These provisions indicate that “the first hearing of the suit” can never be earlier than the date fixed for the preliminary examination of the parties (0. X, R. 1) and the settlement of issues (0. XIV, R. 1 (5)). [ Ved Prakash Wadhwa Versus Vishwa Mohan AIR 1982 SC 816 : (1981) 3 SCC 667 ]
SUPREME COURT UPDATES
A. GOSWAMI VS UOI: SC upheld Press Rights, stayed FIRs except one while restraining coercive action, allowed three weeks for Bail-24/04/2020April 24, 2020
Only 50% Job Reservation is Permissible: SC said in CHEBROLU LEELA PRASAD RAO VS STATE OF A.P – 22/04/2020April 23, 2020
- April 15, 2020
- April 6, 2020
SC quashed reassessment Notice demanded Rs 405.09 cr by IT from NDTV but allowed to send a fresh Notice U/S 147 of IT ACTApril 5, 2020
SC issued notice to States Prison Depts, to show cause why directions should not be issued for dealing Corona virus crisisMarch 17, 2020
- February 18, 2020
Political parties must publish on party websites and other media about candidates with criminal background: SCFebruary 13, 2020
Despite not providing for anticipatory bail under SC/ST Act, however Court can quash FIRs for want of Prima facie case: SCFebruary 11, 2020
SC can`t direct Govt to provide reservation and States are not bound to make reservation for ST and SC in matters of promotions.February 10, 2020
Current Supreme Court Judgments
- May 9, 2020
QUANTUM OF PUNISHMENT-The learned counsel for the accused No. 5 was at pains to persuade us that the said accused is now about 70/75 years of age and at this distance of time, it may not be appropriate to send him back to jail. Taking overall view of the matter, we are not impressed by this submission. Even in case of offence under Section 326, IPC, which commended to the High Court, the same was punishable with imprisonment for life or with imprisonment of either description which may extend to ten years and also liable to fine. Had it been a conviction under Section 326, as aforesaid, the sentence of only about five months in the facts of the present case, by no stretch of imagination, was adequate.
- May 9, 2020
Whether the decree passed on a compromise can be challenged by the stranger to the proceedings in a separate suit?
The appellant could file a suit for protection of his right, title or interest devolved on the basis of the stated sale deed dated 6th January, 1984, allegedly executed by one of the party (Sampatiya) to the proceedings in the partition suit, which could be examined independently by the Court on its own merits in accordance with law.
- May 8, 2020
The common parlance test”, “marketability test”, “popular meaning test” are all tools for interpretation to arrive at a decision on proper classification of a tariff entry. These tests, however, would be required to be applied if a particular tariff entry is capable of being classified in more than one heads.