2024 P.V. Narasimha Rao vs. State (CBI/SPE) [1998] 2 S.C.R. 870 [5 J Bench] overruled in Sita Soren vs Union Of India 2024 INSC 161 (7-0) – An individual member of the legislature cannot assert a claim of privilege to seek immunity under Articles 105 and 194 from prosecution on a charge of bribery in connection …
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 »
These are, in our view, top ten Supreme Court judgments that every lawyer/law student must go through. If you think some other judgment should have been included in this list, just share that in comment below.
Summary: Police Officers imposed costs for conspiring and in abetting the crime of the illegal detention of the tenants, coercing them to sign the document against their will, and getting the premises in question demolished without any order from a competent Court – Six police personnel will suffer a cost of Rs. 6.0 lacs for …
Shatrughna Atmaram Patil vs Vinod Dodhu Chaudhary 2024 INSC 75 – Police Officers Fined Read More »
Doctrine of Necessity – Under given circumstances an action is required to be taken under compelling circumstances -law permits certain things to be done as a matter of necessity which it would otherwise not countenance on the touchstone of judicial propriety. Stated differently, the doctrine of necessity makes it imperative for the authority to decide …
Assam Police Act, 2007; Section 14(2) -Upheld Gauhati HC judgment that held that Rule 63(iii) of the Assam Police Manual held invalid on the ground that it is in direct conflict with Section 14(2) of the Assam Police Act, 2007 – 1970 Rules/2007 Rules define reporting, reviewing and accepting authorities to mean that they must …
Summary: High Court issued directions transferring the petitioner out of the post of DGP – The allegations which were levelled by the complainant are that the petitioner, in his official capacity, intervened in a civil dispute and attempted to used his office to intimidate the complainant- Setting aside HC direction, the SC held: The consequence …
Appellate Authority’s order setting aside the order of appointment challenged before HC – HC dismissed writ petitions and upheld it -In appeal, the court noted: Clause 4.9 of the 2011 Guidelines imposed a restriction on such persons whose family member or members have secured appointment with the State Government or any organization of the State …
Anjum Ara vs State Of Bihar 2024 INSC 40 – Service Law Read More »
Summary : Petition seeking Quashing of FIR under Sections 376 and 506 IPC Against appellant dismissed by High Court – In appeal, the Supreme Court noted the complainant’s statement that she was forced to marry the appellant. As such, the relationship between the appellant and the complainant was after the said marriage – even if …
Mohd Julfukar vs State of Uttarakhand 2024 INSC 38 – Rape Case Quashed Read More »
Summary -Blasting operations undertaken for limestone extraction resulting in possible damage to the existing structures of the Chittorgarh Fort – Directions issued to undertake the study of environmental pollution and impact on all the structures in the Chittorgarh Fort – The prevention of damage from any such collateral activities must be simultaneously addressed by the …