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 …

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.

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 …

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 …

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 …

Offender may be release on probation even before serving mandatory minimum sentence as prescribed under IPC

The Court said that for application of section 4 of Probation of Offender Act, 1958, the offender should not be convicted of an offence which is sentenced with death penalty or life imprisonment and in interim accused has to maintain good conduct and behaviour. Read More …

Eviction Proceedings Under Senior Citizens Act, 2007 Cannot Override The Right Of Residence Of Woman In A Shared Household As Per Protection of Women against Domestic Violence Act, 2005

Eviction Proceedings Under Senior Citizens Act, 2007 Cannot Override The Right Of Residence Of Woman In A Shared Household As Per Protection of Women against Domestic Violence Act, 2005
Smt. S. Vanitha V. The Deputy Commissioner, Bengaluru Urban District & Ors.
Civil Appeal No. 3822 of 2020 decided on 15.12.2020 (Arising out of SLP (C) No. 29760 of 2019)
Bench: Dr. D.Y.Chandrachudd, Indu Malhotra & Indira Banerjee, JJ.
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The Government must ensure that all steps be taken to implement the decision so that benefit percolates to those for whom the financial benefits have been envisaged: SC

The Government must ensure that all steps be taken to implement the decision so that benefit percolates to those for whom the financial benefits have been envisaged: SC
Gajendra Sharma v. Union of India and Anr.
Writ Petition (Civil) No.825 of 2020 decided on 27th November,2020
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The officer investigating the matter under the NDPS Act would qualify as police officer and statement recorded by him would be hit by S. 25 of Evidence Act: SC

The officer investigating the matter under the NDPS Act would qualify as police officer and statement recorded by him would be hit by S. 25 of Evidence Act: SC
Tofan Singh v. State of Tamil Nadu
CRIMINAL APPEAL NO.152 OF 2013 decided on 29.10.2020
Bench: R. F. Nariman, Navin Sinha, Indira Banerjee(dissenting), JJ.
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Supreme Court held that offences prescribing maximum sentence of more than7 years but not providing minimum sentences are not ‘heinous offences’, but ‘serious offences’, under JJ Act.

Supreme Court held that offences prescribing maximum sentence of more than7 years but not providing minimum sentences are not ‘heinous offences’, but ‘serious offences’, under JJ Act. Read More …