Medically Justified Alternative Procedure with Consent Not an Offence: Supreme Court Quashes Criminal Case Against Surgeon in Pediatric Orchidectomy Case
“The operating surgeon is the best judge of which one of the two procedures is to be adopted.”
Justice Pamidighantam Sri Narasimha
Mere use of abusive words not “obscenity” under S. 294(b) IPC: Supreme Court
“To convict an accused for commission of an offence punishable under Section 304 Part II IPC, it must be proved that the accused has committed culpable homicide as defined in Section 299 IPC.”
Relaxation in qualifying exam doesn’t bar reserved category candidates’ migration to open category on merit unless expressly prohibited: Supreme Court
“TET only enables the reserved category candidates to participate in the main examination i.e. TAIT. No relaxation or concession has been granted to reserved category candidates in the main examination and their merit has been evaluated at par with general category candidates.”
Interest earned on deposit by itself doesn’t establish a ‘commercial purpose’ under Consumer Protection Act: Supreme Court
Consumer complaint not maintainable where dispute involves alleged fraudulent pledge of fixed deposit and requires determination of complex facts beyond summary consumer proceedings.
No automatic Multi-State status after State Bifurcation: Supreme Court explains scope of Section 103 of Multi-State Cooperative Societies Act
The Supreme Court held that the deeming fiction under Section 103 of the Multi-State Cooperative Societies Act, 2002 does not operate automatically merely because a cooperative society’s area temporarily extends across two States following reorganisation.
AI-made fake precedents surface in trial court order; Supreme Court issues notice
“A decision based on such non-existent and fake alleged judgments is not an error in the decision making.”
Disability pension arrears can’t be restricted to three years once broad banding entitlement stands judicially settled: Supreme Court
Disability pension is a vested and recurring right, partaking the character of property under Article 300-A, and once found due, must be granted from the date it became payable.
Not Orwell’s ‘Big Brother’: Supreme Court Clarifies Which Court Can Extend Arbitral Mandate Under Section 29-A
“The ‘Court’ under Section 29A shall be the Civil Court of ordinary original jurisdiction in a district and includes the High Court in exercise of its original civil jurisdiction under Section 2(1)(e), and shall not be the High Court or the Supreme Court under Section 11(6) of the Act.”
Claims can’t be bisected into arbitrable and non-arbitrable at the stage of appointment of arbitrator under Section 11 of A&C Act: Supreme Court
“The High Court erred in bisecting the claim of the appellant into two parts, one arbitrable and the other non- arbitrable, when it found arbitration agreement to be there for settlement of disputes between the parties.”
High Court cannot dismiss substantive portion of suit while hearing appeal against rejection of interim injunction: Supreme Court
The Supreme Court was considering an appeal appeal against an order of the High Court dismissing the suit while considering an application for an injunction.
SC stresses on judicial restraint in arbitration matters; sets aside HC’s order granting opportunity for cross-examination despite Arbitral Tribunal’s rejection
The Court examined the question that whether the High Court correctly exercised its supervisory jurisdiction under Article 227 in granting the respondent one more opportunity to cross-examine the appellant’s witness, despite the Arbitral Tribunal rejected such a prayer.
SC grants bail to accused in minor’s gang rape case considering the 5 years period spent in custody and slow progress of trial
Earlier, the Bombay High Court had refused to grant bail to the accused considering the seriousness of the offence.
Know Thy Judge | Supreme Court of India: Justice Pamidighantam Sri Narasimha
Justice P.S. Narasimha whose tenure as an advocate is full of landmark cases, became the 9th advocate to be directly elevated from the Bar to the Supreme Court judgeship.