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Supreme Court issued transitional directions in a minor child custody dispute, directing the child’s maternal aunt and uncle to accompany her to Chennai and help her adjust to her father’s residence while prioritising her comfort and emotional well-being.
The inaugural ceremony of the GCAI India—Singapore Legal Bridge brought together distinguished members of the judiciary, government, legal profession, business community and corporate counsel to deliberate upon the evolving India—Singapore relationship and the role of law in facilitating trade, investment, innovation and cross-border commerce.
The Court held that once the wife had voluntarily relinquished all monetary claims, including maintenance, revival of such claims through subsequent proceedings cannot be permitted.
The Court held that “a stipulation mandating the deposit of a substantial percentage of the claim amount, as a precondition to invoking arbitration would inevitably suppress claims, deter recourse to alternative dispute resolution, and thereby defeat its very object”.
Supreme Court has ruled that appeals under Section 54, Land Acquisition Act challenging statutory benefits such as solatium, additional amount and statutory interest attract ad valorem court fee, holding that these benefits form an inseparable part of compensation.
The Delhi High Court had held that seeking hotel stay and call record details to prove the charge of adultery would not violate right to privacy.
“The RTE Act is a child centric legislation and must be read so. Service of teachers cannot come at the cost of educational future of the children.”
“A literal interpretation of Section 9 of the Act would indicate that the right to seek interim relief is available to any party to the arbitration before or during arbitral proceedings or at any time after the award is delivered but before it is enforced in accordance with Section 36 of the Act.”
“The SC/ST Act serves as a crucial legal framework to protect the rights and dignity of Scheduled Castes and Scheduled Tribes in India, ensuring stringent measures against offences of atrocities and promoting their welfare and security.”
“The damages cannot be awarded merely on presumptions or whims and fancies of the complainant. To make out a case for award of dam ages, especially when the claim is to the tune of crores of rupees, some trustworthy and reliable evidence has to be led.”
Justice Manmohan, formerly serving Chief Justice of Delhi High Court, was appointed as Judge of the Supreme Court of India on 3-12-2024.
Day 1 of the 4th IBA India Litigation and ADR Symposium explored key issues shaping India’s legal landscape, including the rule of law, judicial independence, access to justice, and cross-border dispute resolution.
“In a society governed by rule of law, the decision to file a chargesheet should be based on the Investigating Officer’s determination of whether the evidence collected provides a reasonable prospect of conviction.”
In the present case, the lessee challenged the fixation of fair rent but did not seek a stay of its operation before the appellate or revisional for a.
The Court also pointed out that service of summons on the accused in a complaint filed under Section 138 of the NI Act continues to be one of the main reasons for the delay in disposal of the complaints.
“Notification dated 18-1-2023 for the JAG Scheme providing only 3 vacancies for female candidates as against 6 vacancies for male candidates is against the concept of equality as enshrined in the Constitution”.
In the matter at hand, the accused was an Executive Engineer, Municipal Corporation, Chandigarh, and caused wrongful loss in excess of Rs. 13.66 crore to the Government exchequer by changing the terms and conditions of the Detailed Notice Inviting Tender.
“Legislative intent behind proviso to Section 26(1) is to ensure that the landowners receive fair compensation reflective of the market value prevailing at the time of acquisition”.
“If the recovery memos had been prepared in the police station itself or signed by the panch witnesses in the police station, the same would lose their sanctity and cannot be relied upon by the Court to support the conviction.”
“While it is true that principles of natural justice supplement, and not supplant, the law, such principles have been declared by the Court to be a constituent feature of Article 14. Validity of any disciplinary action, whenever questioned, has to be tested on the touchstone of Articles 14, 16 and 21 as well as Article 311(2), wherever applicable.”