Category: Supreme Court Brief

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

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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.

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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

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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

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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 …

SC dismisses Facebook India VP Ajit Mohan’s plea against summons by Assembly Panel And held that members and non-Members can equally be directed to appear.

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SC dismisses Facebook India VP Ajit Mohan’s plea against summons by Assembly Panel And held that members and non-Members can equally be directed to appear. Read More …

If a migrant labour is covered under the National Food Security Act, 2013 and had been issued a ration card under the Act, he is entitled to access the dry ration wherever he is, at his work place also, in accordance with scheme of the Central Government namely “One Nation One Ration Card”: Supreme Court

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If a migrant labour is covered under the National Food Security Act, 2013 and had been issued a ration card under the Act, he is entitled to access the dry ration wherever he is, at his work place also, in accordance with scheme of the Central Government namely “One Nation One Ration Card”: Supreme Court Read More …

The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 does not make any distinction between a person who may have entered service on account of disability and a person who may have acquired disability after having entered the service thus, the mode of entry in service cannot be a ground to make out a case of discriminatory promotion in service.

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The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 does not make any distinction between a person who may have entered service on account of disability and a person who may have acquired disability after having entered the service thus, the mode of entry in service cannot be a ground to make out a case of discriminatory promotion in service. 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

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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.

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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 …

The consent decree relating to the subject matter of the suit is not required to be registered under Section 17(2) (vi) and was covered by exclusionary clause of Indian Registration Act, 1908

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The consent decree relating to the subject matter of the suit is not required to be registered under Section 17(2) (vi) and was covered by exclusionary clause of Indian Registration Act, 1908 Read More …