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DMRC vs DAMEPL: A Classic Case Of Flip Flop Interference By Indian Courts With Arbitration Awards

In its judgment delivered allowing the curative petition filed by Delhi Metro Rail Corporation, the Supreme Court cautioned itself that its curative jurisdiction should not be adopted as a matter of ordinary course. “The curative jurisdiction should not be used to open the floodgates and create a fourth or fifth stage of court intervention in …

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Sections 143A and 148 NI Act – Retrospective Or Not? Mandatory Or Directory?

Section 143A – Not Retrospective – Directory Section 143A to be prospective in operation and that the provisions of said Section 143A can be applied or invoked only in cases where the offence under Section 138 of the Act was committed after the introduction of said Section 143A in the statute book.  [G. J. Raja vs Tejraj …

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Maintainability Of A ‘Second’ Anticipatory Bail Application

Section 438 of the Code of Criminal Procedure, 1973 deals with the power of High Courts and Sessions Court to issue direction for grant of bail to person apprehending arrest. It reads as follows: (1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable …

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Moral Of Bilkis Bano Case: Supreme Court Should Respect Its Own Precedents

 Article 141 of the Constitution of India states that the law declared by the Supreme Court shall be binding on all courts within the territory of India.  Does it bind the Supreme Court itself ? In Bengal Immunity Company Limited vs State of Bihar [1955] 2 SCR 603, the Supreme Court held that it is …

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Section 69 BNS : Good Intention Law But Prone To Gross Misuse

Last week, three bills introduced in the Parliament created a storm among the legal communities in social media. These bills viz. Bharathiya Nyaya Sanhita Bill, Bharatiya Nagarik Suraksha Sanhita Bill and Bharatiya Sakshya Bill, are nothing but an intended replacement of “Codes” and “Act” which are foundational to criminal law : Indian Penal Code, 1860 (IPC), Code of …

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Supreme Court Should Clarify Its Obiter Dictum In Kusum Ingots

Recently, the High Court of Kerala struck down Section 10A of Indian Divorce Act (applicable only to Christians) observing that the fixation of the minimum period of separation of one year as stipulated is violative of the fundamental right. This raises an interesting question of constitutional law : Does this judgment has effect in Kerala …

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