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Consent of even estranged wife must for a man to adopt child: Allahabad High Court

Overview • The petitioner, Bhanu Pratap Singh was adopted by his uncle Rajendra Singh in 2001. His uncle had alienated from his wife before adopting the petitioner. • After Rajendra Singh’s death, the petitioner sought compassionate employment in the Forest Department as ..

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Expression 'existence of Arbitration agreement' in Section 11 of Arbitration Act includes aspects of validity of agreement

BACKGROUND • A three-judge bench of the Court also explained that at the stages of Sections 8 and 11 of the Act, the Courts should undertake a prima facie examination of the validity of the arbitration agreement. • In the case of Vidya Drolia and others v Durga Trading Corporation bench observed that "Existence and validity are knotted, and arbitration agree..

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Insult to 'Hindutva' not religious insult to attract Section 295A IPC: Abhinav Chandrachud argues in Karnataka HC

SUMMARY • The FIR was based on a complaint registered by the Principal of the College who alleged that a few students had unlawfully assembled in the college premises in December 2019 to stage a protest against CAA at the Government Arts College, Bengaluru. • As per the complai..

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Prashant Bhushan moves Supreme Court seeking hearing on plea for intra-court appeal before review petitions are adjudicated

Background Activist-lawyer Prashant Bhushan was found guilty of contempt of court by the Supreme Court on 14th August for two of his tweets against the functioning of the Indian judiciary. The court held that his tweets 'cannot be said to be fair criticism of the functioning of the jud..

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Advocate Sumeer Sodhi's Convenience Note Be Used As Standard Format

SYNOPSIS Recently, Supreme Court while dealing a case was particularly impressed by the presentation in written submission made by the counsel for one of the parties. Advocate Sumeer Sodhi, who was representing the State of Chhattisgarh, in a criminal appeal moved by the accused in a murder case. One aspect of Mr Sodhi's ..

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Supreme Court Asks AG KK Venugopal To Consider Whether NGT's Jurisdiction Can Be Extended To Wildlife Protection Act

OVERVIEW • The Supreme Court on Tuesday sought assistance of the Attorney General K K Venugopal in exploring the possibility of extending the jurisdiction of the National Green Tribunal under Wildlife Protection Act, a view shared by the top law officer who said it should have been done. p style="text-align: just..

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Arbitration To Now Cover Matters Relating To Allegations Of Fraud And Landlord-Tenant Relation

SYNOPSIS The Supreme Court recently overruled two of its previous judgments that precluded certain subject matters from falling under the ambit of arbitration, thereby limiting its scope. It overruled its judgment in the ‘N. Radhakrishnan’ case by making disputes involving serious allegations of fraud arbitrable. ..

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SC agrees to examine whether probing constitutionality of declaration of 1975 emergency is feasible after 45 years

BACKGROUND • The Supreme Court on Monday agreed to examine whether or not it can go into the Constitutional validity of the 1975 national emergency proclaimed by then Prime Minister Indira Gandhi. • A Bench of Justices Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy is..

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Allegations Of Fraud Arbitrable If They Relate To Civil Dispute

SUPREME COURT RECENTLY OVERRULED ITS JUDGMENT IN N RADHAKRISHNAN CASE BY HOLDING THAT ALLEGATIONS OF FRAUD ALSO COME UNDER AMBIT OF ARBITRATION AS LONG AS THEY RELATE TO CIVIL DISPUTE. SUPREME COURT'S PRESENT JUDGMENT • (VIDYA DROLIA V. DURGA TRADING CORPORATION) • The three-jud..

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Landlord-Tenant Disputes Under Transfer Of Property Act Arbitrable Except When Covered By Rent Control Court Laws

THE SUPREME COURT RECENTLY OVERRULED ITS JUDGMENT IN HIMANGNI ENTERPRISE CASE TO HOLD THAT LANDLORD-TENANT DISPUTES ARE ARBITRABLE EXCEPT WHEN THEY ARE COVERED BY SPECIFIC FORUMS CREATED BY RENT CONTROL LAWS. WHAT WAS THE OVERRULED HIMANGNI ENTERPRISE CASE? • (Himangni Enterprises v. Kamaljeet ..

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Delay In Constituting NCLAT May Amount To Contempt Of Supreme Court's Direction

OVERVIEW • The Madras High Court on Monday observed that the delay in establishing a Bench of NCLAT in Chennai may amount to contempt of the Supreme Court's direction in the Swiss Ribbons case to establish circuit Benches of the Tribunal. • A Division bench comprising of Ju..

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Karnataka High Court Dismisses Plea To Stop Non-Hindus From Working In Offices Under Hrice Act

"Hindu religion was never so narrow. Hindu religion as professed never consisted of people who are so narrow minded." PETITIONS FILED • The Karnataka High Court on 14th December dismissed writ petitions which sought for directions that non-Hindus ..

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Status of law commission report no: 260 analysis of the 2015 draft model Indian bilateral investment treaty

The 20th Law Commission was constituted under the Chairmanship of Justice Ajit Prakash Shah (Former Chief Justice of Delhi High Court) to study specific clauses, in line with Government’s objective to encourage " doing business" in India. Report No.260 titled " Analysis of the 2015 Draft Model Indian Bilateral Investment Treaty" for co..

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SC Vacates Two Year Old Blanket Ban Restraining Other Courts From Hearing Disputes Related To BCCI, State Cricket Association

THE SUPREME COURT HAS RECENTLY VACATED ITS ORDER WHICH IT PASSED IN MARCH 2019, WHICH RESTRAINED OTHER COURTS FROM HEARING DISPUTES RELATING TO BCCI AND STATE CRIICKET ASSOCIATION WHAT WAS THE ORDER? On March 14, 2019, the Supreme Court had passed an order which ..

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Charge Under Section 149 IPC Can Be Altered To Section 34 IPC If Common Intention Among Accused Is Proved

THE SUPREME COURT HAS HELD THAT THE CHARGE U/S 149 OF IPC CAN BE ALTERED TO THAT U/S 34 OF IPC, PROVIDED THAT THE COMMON INTENTION AMONG ACCUSED IS PROVED. WHAT ARE SECTION 149 AND 34 IN IPC? Section 149 of Indian Penal Code, 1860 li style="text-align: ju..

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