Explained | Supreme Court Judgment on child custody to father when the child was averse even to see his mother
Supreme Court viewed that the child being aged 12 years and 9 months old, was in a position to take decisions.
Supreme Court
Beyond the Signature: Supreme Court Redefines Party Status in Arbitration Proceedings using the Group of Companies Doctrine
by Vasanth Rajasekaran† and Harshvardhan Korada††
Cite as: 2023 SCC OnLine Blog Exp 85
Article 370 Verdict | Supreme Court upholds abrogation of Special Status for Jammu and Kashmir
Among the three judgments, one was authored by Dr. DY Chandrachud, CJI on behalf of himself, BR Gavai and Surya Kant, JJ., while Justice Justice Kaul and Khanna, J. authored separate but concurring judgments.
Never Reported Judgment | Prayer to rescind partition on ground of fraud cannot be entertained after several years, when party had access to accounts for due diligence [(1952) 2 SCC 316]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on rescinding partition on ground of fraud.
[Section 29A of IBC] Disqualification of promotors applying for resolution plan not applicable to MSMEs: Supreme Court
Supreme Court observed that the law laid in Digambar Anandrao Pingle (supra) by NCLAT was not correct, and that the date of submission of resolution plan has to be the cut off date.
Supreme Court dismisses former ICICI CEO Chanda Kochhar’s plea for interim release of Retiral benefits
Earlier, the Bombay High Court had denied her plea for reinstatement of her Employee Stock Options.
Supreme Court 5-Judge Bench Ruling on Group of Companies Doctrine: What You Need to Know
“Even though a subsidiary derives interests or benefits from a contract entered into by the company within a group, they would not be covered under the expression “claiming through or under” merely on the basis that it shares a legal or commercial relationship with the parties.”
In Re: Right to Privacy of Adolescent | SC frowns upon Calcutta HC’s advise to girls to control sexual urge; ‘Judges to avoid expression of Personal views’
“The Calcutta High Court advised adolescent girls to protect their dignity, privacy, self-worth and control their sexual urge.”
Supreme Court issues notice to Lieutenant Governor regarding “Farishte Dilli Ke” scheme funds
The Delhi Government under the ‘Farishtey Dilli Ke’ scheme encourages individuals to assist road accidents victims, by giving them incentives. Further, the government covers the hospital bills of individuals who have met with accidents in Delhi
Supreme Court grants bail to liquor company regional head Benoy Babu in Delhi Liquor policy Case
Former Deputy Chief Minister, Delhi, Manish Sisodia was also accused in this case for violating statutory provisions and for notifying olicy that had significant financial implications.
Read why Supreme Court held unilateral revision of fee won’t hold Arbitral Tribunal ineligible
“The increase of fee does not amount to a per se ineligibility, reaching to the level of voiding the Tribunal’s appointment, and terminating its mandate.”
Special Rules like Standing Orders override general CCA Rules, 1965: Supreme Court reiterates
Supreme Court clarified that Standing Orders cover wider activities of workmen and were workmen specific, yet, in view of Section 13B of 1946 Act, a specific notification can be made applying CCA Rules 1965 to that specific aspect, but a notification was necessary.
‘HC should not have examined and evaluated facts in detail’; Supreme Court restores Cheating Case against Mehul Choksi and his wife
Supreme Court expressed that the High Court should not have examined and recorded the conclusion on the disputed fact to quash the FIR.
Skipping to reconsider Minakshi Bala case, Supreme Court surveys judgments on discharge of accused to set aside vexatious prosecution
“The High Court should have intervened and discharged the appellants. But this Court will intervene, being the sentinel on the qui vive.”
Group of Companies Doctrine applicable in Indian Arbitration Jurisprudence; Can bind non-signatory parties to Arbitration Agreement: Supreme Court 5 Judge Bench
“The approach in Chloro Controls India Private Limited v. Severn Trent Water Purification, (2013) 1 SCC 641 to the extent that it traces the group of companies doctrine to the phrase ‘claiming through or under’ as given under Section 8 of the Arbitration Act was erroneous and against the well settled principles of contract in commercial law”.
[Section 35 Stamp Act] Insufficiently stamped documents cannot be prohibited from admission in evidence, if not chargeable with stamp duty: Supreme Court
“The object of the Stamp Act is to collect proper stamp duty on an instrument or conveyance on which such stamp duty is payable. Section 35 is a provision to cater for the instruments not being properly stamped and, as such, not being admissible in evidence”
Explained| Supreme Court verdict in Kannur University Vice Chancellor reappointment Case
Supreme Court held that it is not necessary to follow the procedure of appointment as laid down in Section 10 of the Kannur University Act, 1996 for the purpose of reappointment.
Supreme Court delineates normal promotion as against promotion through Limited Departmental Competitive Examination (LDCE)
“Promotion by selection through LDCE vis-à-vis competitive examination is a facility or a chance given for out of their promotion without waiting for the normal course of promotion.”
Never Reported Judgement| When Supreme Court denied commutation of death sentence despite passage of significant time since its pronouncement [(1952) 2 SCC 310]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on commutation of death sentence.
Advocates Day 2023: Celebrating the Pillars of Justice and Defenders of Rights
Advocates Day is celebrated on 3rd of December every year to honour the legal profession and its contributions to justice and the rule of law. Read what legal luminaries have to say about the significance of this day.