2023 SCC Vol. 7 Part 5
Advocates Act, 1961 — Ss. 7(1)(g), (h), (l), (m), 24, 49(1)(ah): Bar Council of India, held, has jurisdiction and power to introduce
Constitution of India
Calcutta High Court directs Governor’s office to submit Affidavit-in-Opposition on West Bengal University Laws (Amendment) Bill, 2022’s status
The subject matter of the instant matter is a PIL concerning the West Bengal University Laws (Amendment) Bill, 2022 which was passed by the State legislature on 07-06-2022 and was sent to the Governor for assent, but the same is still pending.
2023 SCC Vol. 7 Part 4
Constitution of India — Arts. 14, 15 and 16 — Reservation — Sub-classification: T.N. Special Reservation of Seats in Educational Institutions including
Supreme Court Ruling on the Principles governing issuance of Writ of Certiorari: All you need to know
“The purpose of certiorari is only to confine the inferior tribunals within their jurisdiction, so as to avoid the irregular exercise, or the non-exercise or the illegal assumption of it and not to correct errors of finding of fact or interpretation of law committed by them in the exercise of powers vested in them under the statute”.
2023 SCC Vol. 7 Part 2
Arbitration and Conciliation Act, 1996 — Ss. 8 and 11: Application seeking reference to arbitration in pending civil suit is not acceptable
Maternity leave is inherent Right of every Woman Employee and cannot be denied on Technical Grounds: Orissa HC
Denying a woman employee her basic human right to maternity leave would be an assault on her dignity as an individual and thereby offend her fundamental right to life guaranteed under Article 21 of the Constitution.
2023 SCC Vol. 6 Part 2
Power of Indian Courts to modify an Arbitral Award: This article submits that the courts ought to have power to modify the
4 months’ illegal detention by police; Jharkhand High Court directs State to pay compensation of Rs 5 lakhs
Jharkhand High Court commented that the State Police’s lackadaisical attitude to arrest anyone and put him in custody made the petitioner suffer humiliation, who was having a bright career and completed SSC exam.
Explained | Supreme Court’s verdict on constitutionality of Section 327(7) of Companies Act vis-à-vis preferential payment of dues to workers after liquidation
The Supreme Court said that it cannot adopt a doctrinaire approach. Some sacrifices have to be always made for the greater good, and unless such sacrifices are prima facie apparent and ex facie harsh and unequitable as to classify as manifestly arbitrary, these would not be interfered with by the court. Thus, no priority can be given to workers’ dues after liquidation of the company under the IBC.
Circumscribing Non Obstante Clauses: Tracing the New Jurisprudence
by Tarun Jain†
Cite as: 2023 SCC OnLine Blog Exp 52
Gauhati HC answers whether extraordinary jurisdiction under Art 226 of the Constitution can be invoked for trivial causes
‘It is unfortunate to notice that a trend has been set to file applications under Article 226 of the Constitution at the drop of hat. Numerous cases has been filled with imaginary and very trivial causes of action. The court is of the opinion that such trend should be nipped in the bud and filling of writ petition of this nature has to be discouraged.’
Mandatory Minimum Sentence for a Child in Conflict with Law: Contrary to the Spirit of Juvenile Justice
by Maharukh Adenwalla* and Gayatri Virmani**
2023 SCC Vol. 5 Part 1
Constitution of India — Arts. 15(6) and 16(6) — Economic Disabilities or Economic Backwardness Criterion: Economic disabilities or economic backwardness, held (per
The Precedential Value of the Split Verdict in Rathi Steels
by Dormaan Jamshid Dalal†
Probing the Purpose Behind a Courtroom Practice
by Shubham Priyadarshi*
‘Petition appears to seek Court’s seal on second relation’; Punjab and Haryana High Court refuses Police Protection for Muslim Marriage
“Person who does not do equity with others and even to the life companion, cannot approach the Court to seek approval of his relation under the umbrella of Article 21 of the Constitution of India.”
2023 SCC Vol. 4 Part 5
Civil Procedure Code, 1908 — Or. 9 R. 13 r/w S. 17 of the Provincial Small Cause Courts Act, 1887 — Ex