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 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 Read More …

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.

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. Read More …

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

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 Read More …

Courts while exercising power under Section 34 of Arbitration and Conciliation Act, 1996 cannot modify the award by arbitral tribunal

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. Read More …

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

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 Read More …

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.

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. Read More …

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

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 Read More …

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.

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. Read More …

The Supreme Court held that Section 10A IBC is retrospective in operation but does not extinguishes the debt during the stipulated period

[ 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.] Read More …

Benchmark disability is not a pre-condition to obtain a scribe in civil services examination

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. Read More …

The Supreme Court converted the conviction under Section 302 IPC to Section 304 Part I IPC as incident happened in sudden heat of passion

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. Read More …