Summary: Review Petition against the judgment in Union of India vs Lieutenant Commander Annie Nagaraja (2020) 13 SCC 1 – Recalled judgment pertaining to Review Petitioner -Directed that in the peculiar facts and circumstances of this case, the case of the petitioner for the grant of PC shall be considered afresh by reconvening a Selection …
Commercial Courts Act, 2015; Section 2(1)(c) – A dispute relating to immovable property per se may not be a commercial dispute. But it becomes a commercial dispute, if it falls under sub-clause (vii) of Section 2(1)(c) of the Act viz. “the agreements relating to immovable property used exclusively in trade or commerce – Referred to …
SP Velayutham vs Emaar MGF Land Limited – Commercial Courts Act – Commerical Dispute Read More »
Constitution Of India, 1950; Article 14,15- Rajasthan Various Service (Amendment) Rules, 2001-“no candidate shall be eligible for appointment to the service who has more than two children on or after 01.06.2002″-Classification, which disqualifies candidates for having more than two living children, was non-discriminatory and intra-vires the Constitution, since the objective behind the provision was to …
Indian Penal Code, 1860; Section 306 – Indian Evidence Act, 1872; Section 113A – The mere fact that the deceased committed suicide within a period of seven years of her marriage, the presumption under Section 113A of the Evidence Act would not automatically apply – Mere fact of suicide within seven years of marriage, one …
Clarification of Anuradha Bhasin v. Union of India (2020) 3 SCC 637:: [2020] 1 S.C.R. 812 – it may not be necessary to notify the deliberations of the Reviewing Committee, it will be necessary to publish the final order.
Code Of Criminal Procedure, 1973; Section 172 – Indian Evidence Act, 1872; Section 145,161 – When a police officer uses case diary for refreshing his memory, an accused automatically gets a right to peruse that part of the prior statement as recorded in the police officer’s diary by taking recourse to Section 145 or Section …
Indian Penal Code, 1860; Section 364A – The first ingredient of Section 364A is that there should be a kidnapping or abduction of any person or a person should be kept in detention after such kidnapping or abduction. If the said act is coupled with a threat to cause death or hurt to such person, …
Willian Stephen vs State Of Tamil Nadu 2024 INSC 146 – S 364A IPC – S 65B Evidence Act Read More »
Can a court modify an Arbitration Award invoking its powers under Section 34 or 37 of the Arbitration and Concilitation Act? Last week, on 20 February 2024, a three judges bench comprising Justices Dipankar Datta, KV Viswanathan and Sandeep Mehta noted (in Gayatri Balasamy vs ISG Novasoft Technologies Limited) that this issue is of seminal …
Arbitral Award Can Be Set Aside; But Can It Be Modified? Read More »
Supreme Court Rules, 2013 ; Order XLVIII- Curative Petition- Whether Registry has the power to dismiss a curative petition solely on the ground that no averment has been made to the effect that the review petition was dismissed by circulation? This is a matter which ought to be decided by a Bench of this Court …
Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964– sample of the meat was admittedly collected by the Assistant Director, who had no authority in law to collect the sample. He did not collect the sample after notice t – the act of collection of sample by the Assistant Director was completely illegal. It …
Joshine Antony vs Asifa Sultana 2024 INSC 144 – Karnataka Cow Slaughter Prevention Act Read More »