Opening the SLP Floodgates Impacts Access to Justice
by Murali Neelakantan* and Gautam Narayan**
SLP
Supreme Court stays Calcutta HC order which restricted application filed under S.29A(4) of Arbitration Act after expiry of term of the Tribunal
Supreme Court issued notice in the present SLP and tagged it with SLP titled Rohan Builders (India) Pvt. Ltd. vs. Berger Paints India Ltd.
Consumer Dispute| Supreme Court explains the scope of maintainability of SLP under Art 136 against NCDRC orders
The Court explained that the power to special leave is an exceptional and overriding power, naturally it must be exercised sparingly and with caution and only in very exceptional situations. It will only be used to advance the cause of justice and its exercise will be governed by well-established principles.
Read Why SC deferred hearing ED’s plea against Madras HC order in Senthil Balaji’s Habeas Corpus petition
S Megala, wife of V. Senthil Balaji, who has been arrested by the Directorate of Enforcement in a money laundering case, filed a habeas corpus petition, wherein the Madras High Court agreed to an urgent hearing, leading to the present SLP by ED before the Supreme Court.
[WBHIRA ultra-vires of RERA] All complaints filed before WB HIRA Authority stand transferred to RERA: Supreme Court
Supreme Court said that any person aggrieved by an order passed under WBHIRA will be at liberty to pursue the corresponding remedy which is available under the RERA.
Does everything said by a Judge while giving judgment constitute a precedent? Supreme Court explains
Supreme Court said that the distinction between obiter dicta and ratio decidendi in a judgment, as a proposition of law, has been examined by its several judgments.
Mass Religious Conversion case: Supreme Court stays arrest of SHUATS Vice chancellor and Director
Supreme Court has put a stay on the arrest of VC of Sam Higginbottom University of Agriculture, Technology and Sciences Dr. Rajendra Bihari Lal and Institute’s Director Vinod Bihari Lal in connection with a mass religious conversion case.
Interlocutory order in one case cannot be treated as precedent for cancellation of bail of accused in other cases: Supreme Court
Supreme Court has ordered that the Rajasthan High Court's impugned order being interlocutory in nature, shall not be treated as precedent for cancellation of bail granted to the petitioner in other cases, and the question of law was kept open to be decided in an appropriate case.
Right to avail legal remedy in Supreme Court cannot be denied; Delhi High Court grants parole to rape convict
The Delhi High Court granted four weeks parole to a rape convict and held that right of a citizen to avail a legal remedy in the final court of country cannot be denied.
‘Whether Enforcement directorate can attach properties of corporate debtor once moratorium is in force; Supreme Court issues notice in a SLP
Supreme Court: In a special leave petition (‘SLP’) having question of law, whether Enforcement directorate (‘ED’) can attach properties of corporate debtor
WB Teachers’ Recruitment Scam| Can’t remove a person from a public post without giving him an opportunity to defend; Board President’s removal stayed but investigation to continue: SC
Supreme Court: In a special leave petition arising out of a judgment of the division bench of the Calcutta High
Dismissal of SLP by reasoned order would not attract doctrine of merger but will be binding on all courts/tribunals in India
Supreme Court: Explaining the doctrine of merger in case of dismissal of Special Leave Petitions (SLPs), the bench of L. Nageswara Rao
Is SLP against an order rejecting the review petition maintainable when main judgment is not under challenge? SC answers
Supreme Court: The 3-judge bench Ashok Bhushan, R. Subhash Reddy and MR Shah has reiterated that when the main judgment of the