Can Court impose bail condition restricting involvement in political activities? – Supreme Court answers
Supreme Court quashed and set aside the condition imposed by the Orissa High Court restricting involvement in political activities.
Justice BR Gavai
Reference to a document in contract should show intention to incorporate arbitration clause: Supreme Court reiterates
Supreme Court concluded that the instant matter was not one of ‘incorporation’ but a case of ‘reference’ and clarified that a general reference would not have the effect of incorporating arbitration clause.
True and voluntary dying declaration can be sole basis of conviction without any corroboration: SC
“Dying declaration can be the sole basis of the conviction if it inspires the full confidence of the Court and the deceased was in a fit state of mind at the time of making the statement and that it was not the result of tutoring, prompting or imagination.”
Supreme Court finds HC judgment prima facie well-reasoned; refuses to stay acquittal of GN Saibaba and others
Supreme Court, while refusing to interfere with the acquittal order, also pointed out the fact that all 6 people had been acquitted twice by the different Benches of Bombay High Court.
“Evidence of police witnesses full of contradictions and thoroughly unconvincing”; SC sets aside conviction under NDPS Act
The Court found glaring loopholes in the prosecution case regarding the preparation of the samples of the contraband and safe keeping of the samples.
S. 377 IPC decriminalised in 2018 Navtej Singh Johar case; SC declares curative petition against 2013 Suresh Kumar Koushal Judgment infructuous
A curative petition is a petition which requests the court to review its own decision even after a review petition is dismissed. It is considered as the last and final option available for redressal of grievances.
Adani power entitled to Change in Law for 100% of contracted capacity which is 70% of installed capacity of Phase IV extension of Mundra Project: Supreme Court
The Supreme Court opined that it is unjust on the part of Haryana Utilities to say that 70% of the installed capacity should be further bifurcated and the Change in Law benefit should be restricted only to 70% of the installed capacity.
‘Rural health practitioners are not medical practitioners’; Assam Rural Health Regulatory Authority Act, 2004 rightly struck down by Gauhati HC: Supreme Court
Observing that performance of functions identical to those performed by medical practitioners by persons who do not possess the qualifications prescribed under the Central Act, could have dangerous consequences, the Supreme Court held that Rural Health Practitioners enlisted under the Assam Act, are underqualified to perform functions similar to those performed by medical practitioners registered in accordance with the Indian Medical Council Act, 1956. The Court, however, upheld the constitutionality of the Assam Community Professional (Registration and Competency) Act, 2015 that was enacted to give continuity in service to the practitioners in question.
Section 138 NI Act| Supreme Court sets aside Madras High Court’s reversal of acquittal in a cheque bouncing case
The Supreme Court observed that the scope of interference in an appeal against acquittal is limited and that the Madras High Court ‘could not have interfered with the finding of acquittal recorded by the learned Trial Court.
Law on rejection of plaint under Order VII Rule 11 of CPC as explained by the Supreme Court
Supreme Court: The bench of L. Nageswara Rao and BR Gavai*, JJ has lucidly explained the law on rejection of plaints under Order VII Rule 11 of CPC
Nothing wrong with OBC Reservation for consecutive term for the office of Mayor; SC interprets Maharashtra Rules
Supreme Court: The bench of L. Nageswara Rao v. BR Gavai*, JJ has set aside the judgment of the Aurangabad bench of
Know Thy Judge| Justice B.R. Gavai
by Nilufer Bhateja*