Adv. Amit Singh Adv. Amit Singh is a gold medalist and graduate of Galgotia Law School. He has got wide variety of experience in civil as well as criminal proceeding. Prior to starting his practise in High Court, he has worked at a considerable length
Supreme Court held that Part IX-B of Indian Constitution is unconstitutional and applying doctrine of severability it was held that Part IX-B is operative insofar as it concerns Multi-State Cooperative Societies both within various States and in Union Territories: SC
Supreme Court issued direction to political parties regarding publication of information of criminal antecedents of candidates
A Contract duly entered into between the parties cannot be substituted unilaterally without the consent of the parties: Supreme Court
Judges should not make unnecessary remarks on the conduct of the Counsel which may have no bearing on the adjudication of the dispute before the Court.
Supreme Court affirming the decision of Full Bench of High Court said that multiple monetary transactions by the Additional District and Sessions Judge without disclosure is unjustified.
HOW TO STUDY PROPERTY LAW?
The Supreme Court observed that dignity and majesty of the court is not enhanced when an government officer is called to court
Kerala Assembly Ruckus Case: Sanction under Section 197 CrPC for prosecution of public servant is only required before cognizance is taken by a court and not for the initiation of the prosecution: SC
Financial Stringency can be treated as a ground to deny higher pay scales: SC
The present decision is a very paradoxical judgment because the Hon’ble Supreme Court through the bench headed by Hon’ble Justice R.F. Nariman observed, on the one hand, that the award under Section 34 cannot be modified and on the other hand the Hon’ble Supreme Court is upholding the modified award by rejecting the Special Leave Petition.
LawSamjho invites application for post of ‘Associate Editors’.
Contradiction between the ballistic report and the credible ocular testimonial evidence of a witness cannot be the basis of rejecting the evidence of a witness.
Dying Declaration is not admissible if it does not inspire confidence of the Court
Supreme Court laid down guidelines in cases where the High Court would be justified in passing an interim order either staying the further investigation in the FIR/complaint or interim order in the nature of “no coercive steps” and/or not to arrest the accused either pending investigation by the police/investigating agency or during the pendency of the quashing petition
Deportation of refugee according to procedure establish by law does not violate Article 21
[MUKHTAR ANSARI TRANSFER CASE]
Courts Are Not To Be Helpless Bystander When The Rule Of Law Is Being Challenged With Impunity. Court Can Exercise Power Under Article 142 Of The Constitution Of India To Order The Transfer Of A Prisoner From One Prison To Another.
Application for appointment of Arbitrator under Section 11 to be filed within three years from the date when the cause of action arises i.e. after a notice of arbitration in respect of the particular claim(s)/dispute(s) be referred to arbitration is made, and there is failure to make such appointment.
In the absence of a formal application under Section 5 for condonation of delay, the Court as matter of discretion can condone delay
A Letter Of Correspondence Between The Two Parties Cannot Extend The Period Of Limitation For The Appointment Of The Arbitrator.
Imposition Of Condition To Tie Rakhi To A Sexual Harassment Accused Is Wholly Unacceptable
Re-assessment under section 28(4) of customs act can only be done by an officer who did the initial assessment
It is the mandatory condition under Section 31 of the Foreign Exchange Regulation Act, 1973 to obtain a previous general or special permission of the RBI for transfer or disposal of immovable property situated in India
High Court does not have the power to waive the pre-deposit in its entirety which is against the mandatory requirement of the statutory provision as contained in Section 21 of RDBA Act, 1993.
Supreme Court held that there cannot be any additional chance for CSE 2021 on account of the unprecedented COVID-19 pandemic
Supreme Court held that the presence of an arbitration clause does oust the jurisdiction under Article 226 in all cases.
[ Editor’s Note: The Supreme Court even though has held that S.10A IBC has retrospective operation and does not apply upon the debt during lockdown period but a ray of hope is also given by Supreme Court[in paragraph 24] stating that the retrospective bar on the filing of applications for the commencement of CIRP during the stipulated period does not extinguish the debt owed by the corporate debtor or the right of creditors to recover it. This mean that once the Ordinance lapses, then the Creditor, including Financial and Operational, can file CIRP proceeding against Corporate Debtor.]
The Court ruled that a person suffering from the neurological condition of Writer’s Cramp is entitled to have a scribe to write the Civil Service Exam. The bench held that the facility of scribe can be provided for persons with disabilities other than those having benchmark disabilities.
The Supreme Court partly allowing the appeal held that since the accused without premeditation caused injuries to the deceased arising due to sudden quarrel in the sudden heat of passion.. Therefore, the Court found that the case was falling under Exception 4 of Section 300 IPC and as the offender has not taken any advantage, acted cruelly or unusually he is liable to be convicted for an offence under Section 304 Part I IPC.