BCI Announces Major Reforms Following Supreme Court Directions; National Legal Academy Proposed
Can these reforms redefine the future of the legal profession? Following the Supreme Court’s judgment in Ajay Vijh v. Indian Banks Association, the
Supreme Court Judgment
Article 227 cannot be invoked to challenge Arbitral Tribunal’s rejection of Section 16 application; Remedy lies under Section 34 after final award: Supreme Court
Reiterating the legislative policy of minimal judicial interference in arbitral proceedings, the Court observed that interference under Article 227 is warranted only in rare cases involving a patent lack of inherent jurisdiction that is apparent on the face of the record
Uncle-in-law cannot make niece’s husband a “Ghardamad” to claim inheritance rights under Oraon customary law: Supreme Court
The Court placed reliance on well-established and acknowledged sources of the law as it prevails in the community which, at the cost of repetition, postulates that in the absence of a ghardamad or any other male heir directly related to the landowner, i.e. the male members of the family, the nearest male agnate will have the right in the property.
EWS reservation does not extend to fee concessions: SC upholds Rajasthan HC Judgment on plea for fee relief in private medical colleges
The Court dismissed the Special Leave Petition, holding that no ground was made out to disturb the impugned order, while leaving the larger question of law open for consideration in an appropriate case.
CAPF Personnel Can Approach Delhi HC’s Writ Jurisdiction in Service Matters Despite Cause of Action Arising Elsewhere: Supreme Court
Reiterating the distinction between territorial jurisdiction and forum convenience, the Supreme Court held that once jurisdiction is validly attracted under Article 226(1) by the presence of necessary respondent authorities within a High Court’s territorial limits, the doctrine of forum non conveniens cannot be routinely invoked to decline adjudication.
Supreme Court interprets ‘Fact Thereby Discovered’ under Section 27 of the Evidence Act
The Court held that FSL Report was not enough in the absence of any proof that the recovered weapon was indeed used in the commission of the offence.
Abetment of suicide | Mere refusal to marry even if true by itself would not amount to instigation under S. 107 IPC: Supreme Court
“In the case on hand, even if we believe that the accused due to opposition and pressure from his family declined to get married with the deceased, it could not be said that he led to a situation by which the deceased was left with no other option but to commit suicide.”
Heated neighbourhood quarrels cannot constitute abetment to suicide under Section 306 IPC: Supreme Court
“Though ‘love thy neighbour’ is the ideal scenario, neighbourhood quarrels are not unknown to societal living. They are as old as community living itself. The question is whether on facts there has been a case of abetment of suicide?”
‘Amendments to complaints permissible after cognizance if no prejudice is caused to accused’; Supreme Court allows amendment in S.138 NI Act complaint
“Procedure, it is said, is only a handmaiden and not a mistress of justice. However, the said adage has been followed only in the breach in this case. A simple issue of an amendment to a complaint has held up a trial under Section 138 of the Negotiable Instruments Act, 1881 for the last nearly two years.”
Setting Aside of an Executed Resolution Plan: Supreme Court’s Verdict in the JSW — Bhushan Steel Insolvency Case Saga Opens a Pandora Box
by Vasanth Rajasekaran and Harshvardhan Korada
Can a dispute raised by an insured be referred to arbitration after issuing full and final discharge voucher to the insurer? Supreme Court answers
“The doctrine of Kompetenz-Kompetenz is now firmly embedded in the arbitration jurisprudence in India. This doctrine is based on the principle that an arbitral tribunal is competent to rule on its own jurisdiction including on the issue of existence or validity of an arbitration agreement”
Critical Analysis of Supreme Court Judgment in Greater Noida Industrial Development Authority v. Prabhjit Singh Soni
by Gaurav Mitra* and Lavanya Pathak**
Important NDPS Decisions by Supreme Court and High Courts in 2023
If you are in search of important NDPS Supreme Court judgments, orders of 2023, or for that matter, the judgments and orders of High Courts related to specific aspects of NDPS Act, this blog provides important matters covered in 2023.
2023 SCC Vol. 4 Part 1
Constitution of India — Arts. 19(1)(a) & (2) and Pt. III, Preamble & Art. 51-A — Right to freedom of speech and
Levy of Liquidated Damages by one party to a contract: When arbitrable? Comments in light of SC Judgment of Mitra Guha v. ONGC
by Prashant Pakhiddey* & Lakshmi Dwivedi**