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Others Judiciary

Tarabai v. State of Karnataka & Ors (2020) - Refusal by Police to Lodge FIR

 19 January 2021

It goes without saying that the single biggest problem faced by a victim when he/she suffers due to some crime committed against him/her is lodging of FIR in the police station. What is worst is that no government whether in the Centre or in the Stat..

Posted in Others |   1201 hits

Patel Engineering Ltd v. NEEPCL (2020) - Setting Aside of Arbitral Award for Patent Illegality

 13 January 2021

This case particularly deals with Section 34 of the Arbitration and Conciliation Act which states the grounds for setting aside an arbitral award. This judgement discusses whether an arbitral award can be set aside under Section 34 of the Arbitration..

Posted in Others |   1870 hits

Maya Sanjay Khandare v. State of Maharashtra (2021) - S. 482, CrPC applicable in 'rarest of rare' case

 09 January 2021

The following judgement deals with Section 482 of Cr. PC and whether the powers under section 482 allows an application for settlement to be entertained and whether the conviction of the accused could be quashed in cases where a settlement is reached..

Posted in Others |   2242 hits

Mohan Lal v. State of Punjab (2018) - Acquittal of Accused when Complainant and I O are same

 09 January 2021

In the said judgement the 3 judge bench of J. Ranjan Gogoi, J. R. Banumati, J. Navin Sinha dealing with the question was as to whether in a criminal prosecution it will be in consonance with the principles of justice, fair play and fair investigati..

Posted in Others |   6710 hits

Saurav Yadav & Ors. v. Stateof UP &Ors. (2020) - Horizontal and Vertical Reservation Categories are not Rigid

 09 January 2021

This Miscellaneous Application has been preferred by Ms. Sonam Tomar and Ms. Reeta Rani who had participated in the Selection Process initiated for filling up posts of Constables in U.P. Police and secured 2 276.5949 and 233.1908 marks respectively. ..

Posted in Others |   3171 hits

Tamil Nadu Medical Officers Association &Ors. v. UOI &Ors (2020) - Reservation of In-Service Candidates in Post-Graduation Medical Courses

 08 January 2021

While answering the moot question whether the State can provide reservation to in- service candidates in Post Graduate Medical Courses the Supreme Court has observed that Article 21 of the constitution of India imposes an obligation on the State to s..

Posted in Others |   3454 hits

Satish Chander Ahuja V. Sneha Ahuja (2020) - 'Shared Household' under DV Act, 2005

 07 January 2021

There is no embargo in referring to or relying on an admissible evidence, be of a civil court or criminal court both in civil or criminal proceedings.The pendency of proceedings under Act, 2005 or any order interim or final passed under D.V. Act unde..

Posted in Others |   2027 hits

S. Kasi V. State Through The Inspector Of Police (2020) - Ss. 57 & 167 are supplementary

 07 January 2021

Whether the appellant due to non-submission of charge sheet within the prescribed period by the prosecution was entitled for grant of bail as per section 167(2) of the Code of Criminal Procedure...

Posted in Others |   3696 hits

M. Ravindran V. The Intelligence Officer (2020) - 'Default Bail' - Indefeasible right of accused

 05 January 2021

The SC, in this case, struck down the judgement passed by the HC on the grounds that the right to be released on default bail continues to remain enforceable if the accused has applied for such bail, notwithstanding the pendency of the bail applicati..

Posted in Others 1 comments |   4861 hits

State Of Jharkhand V. Brahmaputra Metallics Lt. Ranchi (2020) - Doctrines of Estoppel & Legitimate Expectation

 05 January 2021

After hearing the arguments from both the sides the court upheld the claims by the respondent and allowed for the appeals. The court also agreed to the decision of the HC that the respondent was entitled to an exemption from electricity duty, althoug..

Posted in Others |   4647 hits

Christian Medical College Vellore V. Union Of India &Ors. (2020) - NEET for Admission in Minority Institutions

 05 January 2021

Balancing the   rights   is   constitutional   intendment   in   the   national   and   more enormous public interest.  Regulatory measures cannot be said to be exceeding the concept of limited governance.  The regulatory measures in question are for..

Posted in Others |   2756 hits

Pandurang Ganpati Chougule v. Vishwasrao Bank Ltd. (2020) - SARFAESI Act is applicable to Cooperative Banks

 05 January 2021

Writ   petitions   were   filed   questioning   vires   of   the   notification dated 28.1.2003 issued under Section 2(1)(c)(v) of the SARFAESI Act and the insertion of Section 2(1)(c)(iva) to the SARFAESI Act in 2013...

Posted in Others |   1306 hits

Oil & Natural Gas Corporation Ltd. v Saw Pipes (2001) - Setting aside of arbitral award for violating 'public policy'

 04 January 2021

The Supreme Court allowed the appeal mentioning the failure of compliance of rules by the Arbitral Tribunal and held that the tribunal acted beyond its jurisdiction...

Posted in Others |   3844 hits

Prithvi Raj v. Union of India (2020) - Constitutional validity of section 18A SC/ST Act

 04 January 2021

The court had earlier observed that the anticipatory bail can only be granted where there is no prima facie case under the SC/SCT Act...

Posted in Others |   2955 hits

Shivraj Singh Chauhan v. Speaker M P(2020) - Madhya Pradesh Government Crisis

 02 January 2021

The court disposed the writ petitions and affirmed that no hindrance be served upon the leaders while ferrying them back to Madhya Pradesh...

Posted in Others |   4775 hits

Daulat Singh v. State of Rajasthan &Ors. (2020) - Acceptance of Gift

 31 December 2020

In a recent judgment of the case – Daulat Singh (dead) through Legal Representatives v. The State of Rajasthan & Others, delivered on December 8, 2020, a 3-judge bench of the Supreme Court consisting of Justices N.V. Ramana, S. Abdul Nazeer and Surya..

Posted in Others |   1895 hits

Aparna Bhat v. State of M P&Ors. (2020) - Need for more Female Judges

 31 December 2020

Attorney General K.K. Venugopal has strongly advocated improving the representation of women in the judiciary for making progress towards a more balanced and emphatic approach in cases involving sexual offences...

Posted in Others |   868 hits

NHAI v. Sayedabad Tea Co. Ltd. & Ors. (2009) - Special Provision Overrules General Provision

 31 December 2020

The court ordered for the appeals and set aside the judgement by HC also held that special provision overrules the general provisions...

Posted in Others |   1259 hits

Ameet Lalchand Shah v. Rishabh Enterprises (2018) - 'Matter' u/s 8 of the Arbitration & Conciliation Act

 30 December 2020

The impugned order of the HC was set aside and the appeal was allowed with all four agreements referring to arbitration...

Posted in Others |   2895 hits

Shilpa Mittal v. State of NCT Delhi (2020) - Offences under S. 2(33) of JJ Act

 30 December 2020

The appeal was dismissed on the grounds that the issue of ambiguity in the Act needs to be addressed in the Parliament and that the Court was not in a position to alter or add anything...

Posted in Others |   4945 hits







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