Failure to produce accused before Special Court while considering extension application under Section 167 CrPC a gross illegality: SC
Supreme Court: The bench of Ajay Rastogi and Abhay S. Oka*, JJ has held that under Section 167 of the Code of
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Explained| Commercial Court’s power while dealing with an application under Section 9 of the Arbitration and Conciliation Act, 1996
Supreme Court: The bench of MR Shah* and Krishna Murari, JJ has explained the scope of powers of a Commercial Court while
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Married daughter cannot claim compassionate appointment as a right; certainly not years after employee’s death: Supreme Court
Supreme Court: In a case where a married daughter of the deceased was claiming compassionate appointment, the bench of MR Shah* and
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Explained| Difference between Contract of Indemnity and Contract of Guarantee
Supreme Court: In an Insolvency and Bankruptcy case, the bench of Indira Banerjee* and JK Maheshwari, JJ has explained the difference between
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IBC| CIRP proceedings can be initiated against two Corporate Debtors but same amount cannot be realised from both: Supreme Court
Supreme Court: The bench of Indira Banerjee* and JK Maheshwari, JJ has held that if there are two borrowers or if two
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Supreme Court September 2022| Abortion Rights to all ‘women’; Marital Rape; Pre-sentence hearing of death row convicts; Sidhique Kappan’s bail; Collegium Recommendation; and more
This roundup revisits the analyses of Supreme Court’s judgments/orders on Unmarried persons’ right to safe abortion, Inclusion of ‘marital rape’ under Abortion laws, Journalist Sidhique Kappan’s bail; Constitution Bench’s opinion on Doctrine of Precedents; Reference of question relating to Pre-sentence hearing of death row convicts; Explainers on important law points; Collegium Recommendation; and more
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“Sexual assault” or “rape” under Medical Termination of Pregnancy laws includes “marital rape”: holds Supreme Court, without changing the contours of ‘rape’ defined under Section 375 IPC
“The nature of sexual violence and the contours of consent do not undergo a transformation when one decides to marry. The institution of marriage does not influence the answer to the question of whether a woman has consented to sexual relations. If the woman is in an abusive relationship, she may face great difficulty in accessing medical resources or consulting doctors.”
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Unmarried persons cannot be denied rights based on narrow patriarchal principles on “permissible sex”: Key takeaways from SC’s historic verdict on right to safe abortion
While the interim order was passed in the case on 21.07.2022, the Supreme Court took over two months to write a far-reaching 75-pages-long verdict, touching upon various aspects like purposive interpretation of Medical Termination of Pregnancy laws, equal status of married and unmarried or single women, right to reproductive autonomy, right to dignity, effect of unwanted pregnancy on mental health of women, etc.
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Hiding criminal antecedents while applying for Government job? Good enough reason for employer to terminate services. Read Supreme Court’s clear principles governing such cases
Supreme Court: While dealing with a case relating to termination of a CRPF probationer for suppressing material information relating to his criminal
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Explained| Admiralty Law: Scope of Intra-Court appeals from interim orders to Commercial Appellate Division of the High Court
Supreme Court: The bench of Indira Banerjee* and AS Bopanna, JJ has held that an appeal does not lie to the Commercial
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Prophet Remark Row| All FIRs against Journalist Navika Kumar clubbed. Here’s how Supreme Court’s order in Nupur Sharma case helped her
Supreme Court: The bench of MR Shah* and Krishna Murari, JJ has transferred all the FIRs filed against Time Now anchor Navika
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Clever drafting cannot result into Plaintiff getting relief indirectly which otherwise cannot be given: Supreme Court
Supreme Court: In a case where a plaintiff had sought for permanent injunction without applying for the substantive relief of specific performance
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Closure of Bio-Medical Waste Treatment Facility, only for want of prior Environmental Clearance, would be against public interest: Supreme Court
Supreme Court: In a case where the closure of a Common Bio-Medical Waste Treatment Facility was sought for want of Environmental Clearance
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IBC-Limitation| Pendency of proceedings in a parallel forum not sufficient cause for delay in filing Section 9 IBC application: Supreme Court
“A claim may not be barred by limitation. It is the remedy for realisation of the claim, which gets barred by limitation.”
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Delhi Land Reforms Act 1954 a special law; Succession provided in Hindu Succession Act 1956 will not prevail over it: Supreme Court
Supreme Court: In a case where challenge was made to declare Section 50(a) of the Delhi Land Reforms Act, 1954 unconstitutional being
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Supreme Court upholds the Constitutional Validity of Haryana Sikh Gurdwara (Management) Act 2014
The division bench of Hemant Gupta and Vikram Nath, JJ. has upheld the constitutional validity of Haryana Sikh Gurdwara (Management) Act 2014
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SC Constitution Bench| Binding nature of a judgment depends on the Bench Strength and not the numerical strength of the Judges taking majority view
Supreme Court: Explaining the doctrine of precedents, the 5-judge Constitution Bench of Indira Banerjee*, Hemant Gupta*, Surya Kant, MM Sundresh and Sudhanshu
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Dishonour of Cheque – S. 141 NI Act| Complainant only supposed to have general knowledge of person(s) in charge of company/firm; Burden on Director/Partner to prove their innocence: SC
“Quashing of a complaint is a serious matter. Complaint cannot be quashed for the asking. For quashing of a complaint, it must be shown that no offence is made out at all against the Director or Partner.”
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‘Right to establish an educational institution is a fundamental right’; Pharmacy Council of India can only impose moratorium by way of a law and not by execution instruction: SC
Supreme Court: The bench of BR Gavai* and PS Narasimha, JJ has held that the right to establish an educational institution is
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