Jurisdiction

Case BriefsHigh Courts

Will Delhi HC allow waiving off alleged offence of rape in view of compromise and subsequent marriage between complainant and accused? Read to know

Delhi High Court: Stating that, Rape is an act against society, Rajnish Bhatnagar, J., held that simply entering into a compromise allegation

Case BriefsHigh Courts

Cancellation of Bail v. Rejection of Bail: Delhi HC explains when a Court can seize liberty of an accused undertrial

Delhi High Court: Subramonium Prasad, J., while explaining the facets of cancellation of bail and rejection of an application for bail, made

Case BriefsHigh Courts

If investigating agency for some reason does not array a culprit as an accused, can Court call such person to face trial in view of its powers under S. 319 CrPC? All HC explains

Allahabad High Court: Dr Y.K. Srivastava, J., while examining the ambit and scope of Section 319 of the Code of Criminal Procedure,

Case BriefsHigh Courts

Del HC discusses law on alternative jurisdictions for institution of application and execution of maintenance orders under S. 125 CrPC, directs fresh adjudication of execution petition

Delhi High Court: Chandra Dhari Singh, J., while addressed an issue with regard to maintenance and stated that, There may be alternative

Case BriefsHigh Courts

When can a High Court invoke its power in granting writ of habeas corpus in child custody matters? All HC lays down scope and ambit of Writ of Habeas Corpus

Allahabad High Court: Dr Yogendra Kumar Srivastava, J., while examining the scope of the writ of habeas corpus, expressed that, The power

Case BriefsHigh Courts

Clarified | Difference between ‘FIR’ & ‘Zero FIR’: Woman alleged to have been kept as a hostage and repetitively raped, approached police station but PS GTB Enclave denied filing an FIR || Read Del HC’s decision

Delhi High Court: Subramonium Prasad, J., expressed that, “…it is unfortunate that institutions that are supposed to protect the life and liberty

Case BriefsSupreme Court

Explained| Can ITAT recall an order while exercising powers under Section 254(2) of the Income Tax Act? 

Supreme Court: Explaining the scope of jurisdiction of ITAT, the bench of MR Shah* and BV Nagarathna, JJ has held that the

Case BriefsHigh Courts

Temporary Residence v. Casual Visit | Can Magistrate entertain application under S. 12 DV Act from woman coming to his jurisdiction for casual visit? Is that covered under “temporarily resides”? Bom HC answers

Bombay High Court: Sandeep K. Shinde, J., held that an aggrieved person cannot choose to file a petition under Section 12 of

Case BriefsSupreme Court

Not open for Courts to usurp function of disciplinary authority; Can’t substitute one disciplinary punishment with other: SC

Supreme Court: The Division Bench of Ajay Rastogi* and Abhay S. Oka, JJ.,    set aside the judgment of the Delhi High

Case BriefsTribunals/Commissions/Regulatory Bodies

Condonation of Delay: Is it a matter of right? NCDRC explains

National Consumer Disputes Redressal Commission (NCDRC):  Expressing its opinion of ‘Condonation of Delay’, Coram of C. Viswanath (Presiding Member) and Justice Ram

Case BriefsSupreme Court

Decreeing a claim while exercising jurisdiction under Section 37 of Arbitration and Conciliation Act 1996 impermissible: SC

Supreme Court: In a case where the Punjab and Haryana High Court not only set aside the judgment of the District Judge

Case BriefsHigh Courts

Relief under S. 9 of the Arbitration and Conciliation Act: Can it be granted to a party who is not party to arbitration agreement? Read Utt HC’s ruling

Uttaranchal High Court: Emphasizing on the purpose and object of Section 9 of the Arbitration and Conciliation Act, 1996, Division bench of

Case BriefsTribunals/Commissions/Regulatory Bodies

Does an arbitration clause in an agreement bar consumer forum’s jurisdiction? NCDRC answers relying on SC decision

National Consumer Disputes Redressal Commission (NCDRC): Coram of Justice R.K. Agrawal (President) and Dr S.M. Kantikar (Member)reiterated that the presence of an

Case BriefsHigh Courts

Law on Fraud | Registration of document by public officer while discharging public duty: A Fraudulent activity? AP HC decides

Andhra Pradesh High Court: M. Satyanarayana Murthy, J., expressed that, “If a party to the document wants to annul the document, he

Case BriefsSupreme Court

Explained| “A very strange provision”: Section 85A of the Maharashtra Tenancy and Agricultural Lands Act, 1948

Supreme Court: The bench of Hemant Gupta and V. Ramasubramanian, JJ has explained the scope of a “very strange provision” under Section

Op EdsOP. ED.

Whether limitation falls within the power of the Arbitral tribunal to rule on its own jurisdiction – RF Nariman’s judgment in Indian Farmers case

by Hiroo Advani† and Manav Nagpal††
Cite as: 2021 SCC OnLine Blog Exp 73

Case BriefsSupreme Court

Judicial craft entered the forbidden domain of legislative draft; SC sets aside Madras HC’s attempt to re-write Rule 29(4) of Copyright Rules

“Craftsmanship on the judicial side cannot transgress into the legislative domain by re-writing the words of a statute.”

Case BriefsHigh Courts

To exercise rights, can contractual employees approach a permanent employer? Bom HC verdict determines

Bombay High Court: Reiterating the well-settled position that, contractual employees are not the employees of the principal employer, N.B. Suryawanshi, J., held

Case BriefsTribunals/Commissions/Regulatory Bodies

While seeking a refund of amount from builder, will he be liable to pay amount paid as EMIs towards loan sanctioned? Read detailed report on DSCDRC’s decision

Delhi State Consumer Disputes Redressal Commission (DSCDRC): Coram of Dr Justice Sangita Dhingra Sehgal (President) and Anil Srivastava (Member)ordered the builder to

Case BriefsHigh Courts

J&K and Ladakh HC | “Specific mention of particular Court at particular place excludes jurisdiction of other courts”, says HC while addressing syllogistic issue of ‘venue’ and ‘seat’ of arbitration

Jammu & Kashmir and Ladakh High Court: Tashi Rabstan, J., while addressing the syllogistic issue of ‘venue and ‘seat’ of arbitration dismissed