\n\u201cRights in law can translate to rights in life, only if there is an equitable ease in obtaining their realization.\u201d<\/p>\n<\/blockquote>\n
Read more\u2026<\/a><\/p>\n
Farmers\u2019 protest can continue peacefully without impediment. Supreme Court calls for constitution of a committee to resolve the issue<\/a><\/h4>\n
\n\u201cIndeed the right to protest is part of a fundamental right and can as a matter of fact, be exercised subject to public order.\u201d<\/p>\n<\/blockquote>\n
Read more\u2026<\/a><\/p>\n
\u2018Landlord-tenant disputes under Transfer of Property Act are arbitrable\u2019. SC lays down test for determining non-arbitrability of disputes<\/a><\/h4>\n
The 3-judge bench of\u00a0NV Ramana*<\/strong>,\u00a0Sanjiv Khanna**<\/strong>\u00a0and Krishna Murari, JJ has overruled the ratio in\u00a0Himangni Enterprises v. Kamaljeet Singh Ahluwalia<\/strong>,\u00a0(2017) 10 SCC 706<\/a>\u00a0wherein it was held that landlord-tenant disputes governed by the provisions of the Transfer of Property Act, 1882, are not arbitrable as this would be contrary to public policy.<\/p>\n
Read more\u2026<\/a><\/p>\n
SC directs all States & UTs to install CCTV Cameras in all Police Station. Read how CCTV Cameras will help curb custodial violence<\/a><\/h4>\n
The Court said that the directions are in furtherance of the fundamental rights of each citizen of India guaranteed under Article 21 of the Constitution of India, and hence, the Executive\/Administrative\/police authorities are to implement this Order both in letter and in spirit as soon as possible.<\/p>\n
In\u00a0Shafhi Mohammad v. State of Himachal Pradesh, (2018) 2 SCC 801<\/strong><\/a><\/a>[1]<\/a>the Court had directed that a Central Oversight Body be set up by the Ministry of Home Affairs to implement the plan of action with respect to the use of videography in the crime scene during the investigation.<\/p>\n
Read more\u2026<\/a><\/p>\n
Supreme Court upholds constitutionality of imposition of GST on lotteries, betting and gambling<\/a><\/h4>\n
\n\u201cThe Constitution framers were well aware of the definition of goods as occurring in the Sale of Goods Act, 1930 when the Constitution was enforced. By providing an inclusive definition of goods in Article 366(12), the Constitution framers never intended to give any restrictive meaning of goods.\u201d<\/strong><\/p>\n<\/blockquote>\n
Read more\u2026<\/a><\/p>\n
Also read: GST on lotteries| Prize money not to be excluded for computing the taxable value of supply, holds SC<\/a><\/p>\n
Prior environmental clearance required before commencement of actual construction of a National Highway, not at the planning stage: SC<\/a><\/h4>\n
\n\u201cEnvironmental\/forest clearance is always site specific and, therefore, until the site is identified for construction of national highways manifested vide Section 3A notification, the question of making any application for permission under the environmental\/forest laws would not arise.\u201d<\/strong><\/p>\n<\/blockquote>\n
Read more\u2026 <\/a><\/p>\n
Also read: Centre versus State| Who has the power to make law declaring any land within a State as a national highway? Supreme Court answers<\/a><\/p>\n
Triple Talaq| No bar on granting anticipatory bail for an offence committed under the Muslim Women (Protection of Rights on Marriage) Act, 2019: Supreme Court<\/a><\/h4>\n
The 3-judge bench of\u00a0Dr. DY Chandrachud*<\/strong>, Indu Malhotra and Indira Banerjee, JJ has held that there is no bar on granting anticipatory bail for an offence committed under the Muslim Women (Protection of Rights on Marriage) Act 2019, provided that the competent court must hear the married Muslim woman who has made the complaint before granting the anticipatory bail.<\/p>\n
Read more\u2026<\/a><\/p>\n
Impressed with Convenience Note filed by Chhattisgarh\u2019s Standing Counsel, SC asks all Standing Counsels to take it as Standard Format. Here\u2019s the Note<\/a><\/h4>\n
Appreciating the presentation made by State of Chhattisgarh\u2019s Standing Counsel Sumeer Sodhi by filing a Convenience Note, the 3-judge bench of UU Lalit, Vineet Saran and S. Ravindra Bhat, JJ has suggested that the said note be taken as the Standard Format by all the counsels appearing for various States.<\/p>\n
Read more\u2026<\/a><\/p>\n
AYUSH doctors can prescribe Homeopathic medicines but can\u2019t advertise them as a cure for COVID-19: Supreme Court<\/a><\/h4>\n
\u201cThe homeopathy does not cure the disease, but it cures the patients.\u201d<\/p>\n
Read more\u2026<\/a><\/p>\n
Financial disability of parents\/guardians should not hinder education of children restored from Child Care Institutions; Supreme Court issues directions<\/a><\/h4>\n
The 3-judge bench of L. Nageswara Rao, Hemant Gupta and Ajay Rastogi, JJ has issued directions to ensure education of children in Child Care Institutions which has suffered due to the COVID-19 pandemic.<\/p>\n
Read more\u2026<\/a><\/p>\n
Do you see authorities pasting posters outside COVID-19 positive persons\u2019 homes? They can\u2019t do that<\/a><\/h4>\n
No such direction has been issued by the Government of India.<\/p>\n
Read more\u2026<\/a><\/p>\n
Pandemic is spreading like a wild fire. Take strict action against those violating Guidelines \u201cwhoever he may be\u201d; make treatment affordable: Supreme Court<\/a><\/h4>\n
\n\u201cEven if one survives from COVID-19, many times financially and economically he is finished.\u201d<\/p>\n<\/blockquote>\n
Read more\u2026<\/a><\/p>\n
\u201cOpen category is open to all\u201d; SC directs appointment of OBC female candidates with higher marks than General Category female candidates as Constables by UP Police<\/a><\/h4>\n
\n\u201cAny selection which results in candidates getting selected against Open\/General category with less merit than the other available candidates will certainly be opposed to principles of equality.\u201d<\/p>\n<\/blockquote>\n
Read more\u2026<\/a><\/p>\n
\nMORE STORIES<\/strong><\/span><\/h4>\n
\n\u2018Administrative lethargy of State will discourage entrepreneurship\u2019; SC calls out Jharkhand Govt for not giving 50% electricity rebate to Industrial Units as promised<\/a><\/h4>\n
\n\u201cState must discard the colonial notion that it is a sovereign handing out doles at its will.\u201d<\/p>\n<\/blockquote>\n
Read more\u2026<\/a><\/p>\n
Also read: Legitimate expectations: Evolution and application of the doctrine in India and how is it different from promissory estoppel as explained by Supreme Court<\/a><\/p>\n
Why are Landlord-tenant disputes under TP Act arbitrable but those under Rent Acts non-arbitrable? \u2018<\/a><\/strong><\/h4>\n
law laid down in\u00a0Vidya Drolia<\/a> v. Durga Trading Corporation<\/strong>,\u00a02020 SCC OnLine SC 1018<\/strong><\/a>\u00a0. <\/strong><\/p>\n
Read more\u2026<\/a><\/p>\n
Supreme Court refuses to interfere with Chanda Kochhar\u2019s termination as ICICI\u2019s MD, CEO<\/a><\/h4>\n
\n\u201cWe are not inclined to interfere with the impugned order for the reason that the only controversy in these proceedings is whether the resignation of the petitioner having earlier been accepted and thereafter her services been terminated, the latter could take place or not. This would fall within the realm of contractual relationship between the petitioner and the private bank.\u201d<\/p>\n<\/blockquote>\n
\u00a0Read more\u2026<\/a><\/p>\n
MLA casts vote in Rajya Sabha election in morning, gets convicted in the afternoon. Such vote will still be valid despite MLA\u2019s consequent disqualification, holds SC<\/a><\/strong><\/h4>\n
\n\u201cTo hold that a Member of the Legislative Assembly stood disqualified even before he was convicted would grossly violate his substantive right to be treated as innocent until proved guilty.\u201d<\/strong><\/p>\n<\/blockquote>\n
Read more\u2026<\/a><\/p>\n
Central Vista Project| SC rebukes Centre for going ahead with construction work but allows stone-laying of new Parliament building<\/a><\/h4>\n
The 3-judge bench of AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna, JJ has rebuked Centre for moving ahead with the construction work in the Central Vista project while the dispute is still pending before the Court but has allowed it to go ahead with the stone-laying program for the new Parliament building scheduled to be held on December 10, 2020.<\/p>\n
Read more\u2026<\/a><\/p>\n
\u2018Suspension of sentence not enough to save one from disqualification from contesting elections\u2019, SC dismisses Saritha Nair\u2019s plea challenging Hibi Eden\u2019s election<\/a><\/h4>\n
In a case where the Kerala High Court had refused to entertain the plea of Saritha Nair who was disqualified from contesting the elections on the ground that she was convicted in 2 criminal cases, the 3-judge bench of SA Bobde, CJ and AS Bopanna and\u00a0V. Ramasubramanian<\/strong>*, JJ has held that though the High Court was right in not taking up the election petition but the ground on which it rejected the petition i.e. incurable defects, was wrong.<\/p>\n
Read more\u2026<\/a><\/p>\n
Universities, having their reputation linked with performance of students, can stipulate enhanced norms & standards than those prescribed by AICTE, holds SC<\/a><\/h4>\n
\n\u201cWhile universities cannot dilute the standards prescribed by AICTE, they certainly have the power to stipulate enhanced norms and standards.\u201d<\/p>\n<\/blockquote>\n
Read more\u2026<\/a><\/p>\n
Rs.10 lakhs compensation & a confirmed seat for next academic year to a candidate who was illegally denied admission by a Medical College; directs SC<\/a><\/h4>\n
In a case where a Medical College illegally denied admission to a candidate to Post-Graduate Medical Specialty course of MS for the academic year 2020-2021, the bench of\u00a0L. Nageswara Rao*<\/strong>\u00a0and Hemant Gupta, JJ has directed the College to pay a compensation of Rs. 10 lakhs to the candidate and to reserve a seat for her for the next academic year.<\/p>\n
Read more\u2026<\/a><\/p>\n
Bombay High Court could not have granted Scheduled Tribe status to \u201cGowari\u201d community, holds SC<\/a><\/strong><\/h4>\n
In a case where the Bombay High Court declared that tribe \u201cGowari\u201d is a part of Scheduled Tribe \u201cGond Gowari\u201d thereby leading to several people taking benefit of Scheduled Tribes for admissions and employment, the bench of\u00a0Ashok Bhushan*<\/strong>, R. Subhash Reddy and MR Shah, JJ has held that<\/p>\n
\u201cthe High Court could not have entertained the claim or looked into the evidences to find out and decide that tribe \u201cGowari\u201d is part of Scheduled Tribe \u201cGond Gowari\u201d, which is included in the Constitution (Scheduled Tribes) Order, 1950.\u201d<\/strong><\/span><\/p>\n
Read more\u2026<\/a><\/p>\n
FIR is not a detailed chronicle of all intricate and minute details of an offence: Supreme Court<\/a><\/strong><\/h4>\n
At this stage, it is enough if the police officer on the information given suspects \u2013 though he may not be convinced or satisfied \u2013 that a cognisable offence has been committed.<\/p>\n
Read more\u2026<\/a><\/p>\n
SC finds investigation in Ram Nath Chaubey murder case involving BJP MLA Sushil Singh a sham \u201cdesigned to conceal more than to investigate\u201d. SIT to takeover<\/a><\/h4>\n
\n\u201cTo say that further investigation was not possible as the informant had not supplied adequate materials to investigate, to our mind, is a preposterous statement, coming from the police.\u201d<\/p>\n<\/blockquote>\n
Read more\u2026<\/a><\/p>\n
Anglo American Metallurgical Coal versus MMTC| Supreme Court finds Delhi HC\u2019s division bench verdict \u201cflawed\u201d; Restores Arbitral Tribunal\u2019s majority award<\/a><\/h4>\n
\u201cThe entire approach of the Division Bench is flawed.\u201d<\/p>\n
Read more\u2026<\/a><\/p>\n
Also read: Patent and latent ambiguities, as explained by Supreme Court<\/a><\/p>\n
Supreme Court refuses to interfere with Allahabad High Court\u2019s order quashing Dr. Kafeel Khan\u2019s detention<\/a><\/h4>\n
The 3-judge bench of SA Bobde, CJ and AS Bopanna and V. Ramasubramanian, JJ has refused to interfere with Allahabad High Court\u2019s decision quashing Dr. Kafeel Khan\u2019s detention. The Court has, however, made clear that the observations in the judgment will not determine the outcome of the prosecution and that the criminal cases will be decided on their own merits.<\/p>\n
Read more\u2026<\/a><\/p>\n
Supreme Court confirms pre-BALCO foreign awards cannot be challenged under Section 34 of Arbitration and Conciliation Act<\/a><\/h4>\n
The question before the division bench of Ravindra Bhat and Indira Banerjee, JJ. was whether a foreign award rendered in the pre BALCO[1]<\/sup><\/a>\u00a0era, could be challenged under Section 34 of the Arbitration and Conciliation Act.<\/p>\n
Read more\u2026<\/a><\/p>\n
Supreme Court issues contempt notices to comic Kunal Kamra and cartoonist Rachita Taneja<\/a><\/h4>\n
The 3-judge bench of Ashok Bhushan, R. Subhash Reddy and MR Shah, JJ has issued notice to cartoonist Rachita Taneja and comedian Kunal Kamra in two separate cases relating contemptuous social media posts.<\/p>\n
Read more\u2026<\/a><\/p>\n
Are strict principles of evidence and standards of proof like in a criminal trial applicable in Motor Accident Claims cases? Supreme Court answers<\/a><\/h4>\n
\n\u201cThe standard of proof in such like matters is one of preponderance of probabilities, rather than beyond reasonable doubt. One needs to be mindful that the approach and role of Courts while examining evidence in accident claim cases ought not to be to find fault with non-examination of some best eye-witnesses, as may happen in a criminal trial; but, instead should be only to analyze the material placed on record by the parties to ascertain whether the claimant\u2019s version is more likely than not true.\u201d<\/strong><\/p>\n<\/blockquote>\n
Read more\u2026<\/a><\/p>\n
Ola, Uber do not facilitate cartelization or anti-competitive practices between drivers, holds SC but says no to imposing \u201cheavy cost\u201d on the informant<\/a><\/strong><\/h4>\n
\n\u201cWhen the CCI performs inquisitorial, as opposed to adjudicatory functions, the doors of approaching the CCI and the appellate authority, i.e., the NCLAT, must be kept wide open in public interest.\u201d<\/p>\n<\/blockquote>\n
Read more\u2026<\/a><\/p>\n
Activist with \u201can urge to positively contribute to the society\u201d files plea u\/s 482 CrPC seeking expedition of a criminal trial. \u2018You have no locus standi\u2019, holds SC<\/a><\/strong><\/h4>\n
The 3-judge bench of\u00a0Ashok Bhushan<\/strong>*, R. Subhash Reddy and MR Shah, JJ has reiterated that an application by a person who is in no way connected with the criminal proceeding or criminal trial under Section 482 Cr.P.C. cannot ordinarily be entertained by the High Court.<\/p>\n
Read more\u2026<\/a><\/p>\n
\u2018Physically impossible for me to commit rape\u2019, claims a one-handed man convicted for rape of a 6-year-old. SC says \u201cthere is no such impossibility\u201d<\/a><\/strong><\/h4>\n
In a 20-year-old case relating to rape of a 6-year-old, the 3-judge bench of\u00a0RF Nariman<\/strong>*, Navin Sinha and KM Joseph, JJ has dismissed the special leave petition filed by the convict, thereby rejecting the contention that since the petitioner has only one hand, it would be physically impossible to have committed an act of rape. The Court said that\u00a0there is no such impossibility<\/strong>.<\/p>\n
Read more\u2026<\/a><\/p>\n
Telangana-Andhra Pradesh Power Staff allocation dispute| Here\u2019s why Supreme Court refused to interfere with Justice Dharmadhikari (One-Man) Committee report<\/a><\/strong><\/h4>\n
\u00a0<\/strong>In the dispute relating to distribution of personnel between the Telangana and Andhra Pradesh Power Generation Corporations, the bench of\u00a0Ashok Bhushan*<\/strong>\u00a0and MR Shah, JJ has held that the allocation made by the One-man Committee of former Supreme Court judge, Justice D.M. Dharmadhikari is final and that the said allocation cannot be challenged by any employee or officer or any utility before any forum.<\/p>\n
Read more\u2026<\/a><\/p>\n
Person holds graduation\/B.Ed. degrees but gets temporarily appointed initially. Another obtains degrees after appointment. Who can claim seniority? SC answers<\/a><\/strong><\/h4>\n
In the case relating to seniority of teachers appointed with Shri Samarth Shikshan Sansthan, the 3-judge bench of L. Nageswara Rao, Hemant Gupta and Ajay Rastogi, JJ has held that a person who neither a graduate nor a trained teacher at the time of his initial appointment cannot claim seniority over a someone possessing graduation and B.Ed degrees.<\/p>\n
Read more\u2026<\/a><\/p>\n
Can candidates left out of merit list claim equity with those selected on basis of erroneous concession given by State? Read SC discussion on Negative Equality<\/a><\/strong><\/h4>\n
A 3-Judge Bench of L. Nageswara Rao, Hemant Gupta and Ajay Rastogi, JJ. held that the candidates left out of merit list has no right to claim the same benefit which was provided to some other candidates on basis of some erroneous concession granted by the State. The Court restated that negative equality cannot be claimed to perpetuate further illegality.<\/p>\n
Read more\u2026<\/a><\/p>\n
Who is a duly nominated candidate? An explainer by the Supreme Court<\/a><\/strong><\/h4>\n
The 3-judge bench of\u00a0SA Bobde, CJ<\/strong>* and AS Bopanna and V. Ramasubramanian, JJ, while upholding Allahabad High Court\u2019s order dismissing the petition challenging the election of Prime Minister Narendra Modi to the 17th Lok Sabha from 77th Parliamentary Constituency (Varanasi), held in April \u2013 May 2019, explained the true import of the term \u201cduly nominated\u201d.<\/p>\n
Read more\u2026<\/a><\/p>\n
Man roped in in the dowry death of his brother\u2019s wife freed after 2 decades as SC finds allegations against him vague<\/a><\/h4>\n
The bench of\u00a0NV Ramana*<\/strong>\u00a0and Surya Kant, JJ has acquitted a man convicted\u00a0under\u00a0Section\u00a0498\u00adA\u00a0read with\u00a0Section\u00a034\u00a0IPC for the death of his brother\u2019s wife after it was found that the case against him was not proved beyond doubt.<\/p>\n
Read more\u2026<\/a><\/p>\n
Is a company providing expert services an employer under EPF Act if the wages are paid from contractual money received from clients? SC answers<\/a><\/h4>\n
In a case where a company provided\u00a0trained\u00a0and efficient\u00a0security\u00a0guards\u00a0to clients, claimed that security guards were the employees of the client, the was bench of\u00a0Navin Sinha<\/strong>* and Surya Kant, JJ has held that merely because the client pays money under a contract to the appellant and in turn the appellant pays the wages of such security guards from such contractual amount received by it, it does not make the client the employer of the security guard nor do the security guards constitute employees of the client.<\/p>\n
Read more\u2026<\/a><\/p>\n
Section 22 of MMDR Act does not bar Magistrate to direct registration of FIR under Section 156(3) CrPC; holds SC<\/a><\/h4>\n
The violators cannot be permitted to go scot free on payment of penalty only.<\/p>\n
Read more\u2026<\/a><\/p>\n
\u2018Ability to do some household chores does not discard evidence of prosecutrix\u2019s mental disorder\u2019; SC holds man guilty for rape of a mentally deficient woman<\/a><\/h4>\n
\n\u201cA person suffering from mental disorder or mental sickness deserves special care, love and affection. They are not to be exploited.\u201d<\/p>\n<\/blockquote>\n
Read more\u2026<\/a><\/p>\n
1991 Balwant Singh Multani disappearance| SC grants anticipatory bail to Punjab\u2019s former DGP Sumedh Singh Saini in a fresh FIR alleging murder<\/a><\/h4>\n
The 3-judge bench of Ashok Bhushan, R. Subhash Reddy and\u00a0MR Shah*,<\/strong>\u00a0JJ has granted anticipatory bail to Punjab\u2019s former DGP Sumesh Singh Saini in Balwant Singh\u00a0Multani disappearance case and has directed,<\/p>\n
\n