Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
“Finality of a lis is a core facet of a sound judicial system. Litigation which had concluded or had reached finality cannot be reopened. If this is permitted, then there will be no finality and no end to litigation. There will be chaos in the administration of justice.”
Continue reading
“Section 21 does not expressly mandate the claimant to send a notice invoking arbitration to the respondents. However, the provision necessarily mandates such notice, as its receipt by the respondent is required to commence arbitral proceedings”.
Continue reading
The Court noted that the applicability of the principle of res judicata in criminal proceedings has been examined in several of its earlier decisions, which present divergent views.
Continue reading
The Court further held that in order to meet the ends of justice and with a view to ensure that public interest is safeguarded and to give effect to the salutary object behind the enactment of the NDPS Act, the decision in Union of India v. Sanjeev V. Deshpande (2014) 13 SCC 1, must be given retrospective application.
Continue reading
“Effective resettlement of ex-servicemen is necessary to keep the morale of the serving members of the defence forces. If the resettlement of veterans is neglected, the talented youth of the nation may not be motivated to join armed forces.”
Continue reading
While Justice Bela M. Trivedi took a stern note of the actions of the errant advocates, Justice Satish Chandra Sharma accepted the unconditional apology.
Continue reading
“Homebuyers and developers have not always been the best of friends. Instances are innumerable where the two have been at daggers drawn. This case presents one such instance”
Continue reading
In the present case, the Supreme Court examined the vagaries of IP law and the intrinsic synergy that exists between two independent legislations, namely the Designs Act and the Copyright Act.
Continue reading
“Language is a medium for exchange of ideas that brings people holding diverse views and beliefs closer and it should not become a cause of their division”.
Continue reading
“If any newborn infant is trafficked from any hospital, the immediate action against the hospital should be suspension of licence to run the hospital over and above other actions in accordance with law”.
Continue reading
“Once it is accepted that the DSP post in question was reserved for ‘SC Sports (Women)’ as per advertisement, the appellant must be accepted as the only person qualified in her category who could be appointed. This is because she is the only SC woman candidate who successfully cleared all the tests for the post of DSP.”
Continue reading
The Court also affirmed interpretation of Rule 6 by Delhi High Court in ITDC Limited v. Chander Pal Sood, wherein the High Court had held that Rule 6 gives a wide discretion to the Court.
Continue reading
“Article 200 of the Constitution cannot be read in a manner which allows the Governor to not take action upon bills which are presented to him for assent and thereby delay and essentially roadblock the law-making machinery in the State”.
Continue reading
The Court expressed hope and trust that the Governor and the Tamil Nadu Government would work in tandem and harmoniously keeping the interests and well-being of the people as their paramount consideration.
Continue reading
The High Courts should direct for CBI investigation only in cases where material prima facie discloses something calling for an investigation by CBI and it should not be done in a routine manner or on the basis of some vague allegations. The “ifs” and “buts” without any definite conclusion are not sufficient to put an agency like CBI into motion.
Continue reading
“No provision under the 1908 Act confers power on any authority to refuse registration of a transfer document on the ground that the documents regarding the title of the vendor are not produced, or if his title is not established”.
Continue reading
“The incident is of the year 2014 and any further litigation, will only prolong the suffering of both the parties, who are living their own separate lives”
Continue reading
“There is a clear distinction between the Avoidance Applications that may be filed by the Resolution Professional in view of Section 25(2)(j), for avoidance of transactions in accordance with Chapter III of the IBC, and the applications that may be filed in respect of the fraudulent trading or wrongful trading under Section 66, which falls under Chapter VI of the IBC.”
Continue reading
Punjab & Haryana HC in the impugned judgment clarified that EWS candidates who are selected based on merit and not on account of reservation, are not to be counted towards the quota meant for reservation.
Continue reading
The High Court unfortunately reversed the acquittal without anything other than a finding on alibi having not been proved and the accused not having offered any explanation regarding the death of the deceased, which occurred while they were living together.
Continue reading