law

Case BriefsHigh Courts

Raj HC | Whether third child born on account of failure of ligation operation a reason to deny grant ACP by a blanket order? Court answers

Rajasthan High Court: Sanjeev Prakash Sharma, J., allowed a petition which dealt with the issue as to whether the third child born

Case BriefsSupreme Court

Arbitrator cannot rewrite contract for parties; Arbitral award based on no evidence or in ignorance of vital evidence comes in realm of patent illegality: SC   

Supreme Court: A Division Bench comprising of R.F. Nariman and B.R. Gavai, JJ. held that an arbitral award which is based on

Case BriefsHigh Courts

Del HC | Does a provision after being declared unconstitutional, gets repealed or wiped out from statute book? HC answers

Delhi High Court: Yogesh Khanna, J., remarked that, Once the Parliament steps in and cures the defect pointed out by a Constitutional

Case BriefsHigh Courts

All HC | Onus of proving ingredients under the First Exception, S. 499 IPC is on the accused; Defence being a question of fact cannot be claimed at the stage of issuance of summons

Allahabad High Court: Yogendra Kumar Srivastava, J. dismissed the petition and declined to entertain the present application in exercise of its inherent

Case BriefsHigh Courts

Del HC | Can members of Scheduled Tribes following Hindu customs claim to be kept out of purview of HMA? HC answers; highlights need for Uniform Civil Code

Delhi High Court: Prathiba M. Singh, J., held that, “…relegating parties to customary Courts when they themselves admit that they are following

Case BriefsHigh Courts

Guj HC | Court directs transfer of winding-up proceedings to NCLT; scattering litigation to various forums leads to multiplicity, abuse of process of law

Gujarat High Court: The Division Bench of Vineet Kothari and B.N. Karia, JJ., took up a petition which dealt with the parties

Case BriefsHigh Courts

Ker HC | On what grounds can pregnancy of a mentally unsound woman be terminated? Is consent of women indispensable? HC answers

Kerala High Court: P.B.Suresh Kumar, J., invoked the doctrine of parens patriae to permit termination of eight weeks pregnancy of a medically

Case BriefsHigh Courts

Utt HC | Char Dham Yatra banned until decision by Supreme Court; Court checks and double checks arrangements by the State amidst approaching third wave

Uttaranchal High Court: The Division Bench of Raghvendra Singh Chauhan, CJ. and Alok Kumar Verma, J., dealt with the petition which came

Case BriefsSupreme Court

Elected legislators cannot claim privilege or immunity to stand above sanctions of criminal law: SC rules out withdrawal of criminal case against MLAs in 2015 Kerala Assembly ruckus

Supreme Court: A Division Bench of Dr D.Y. Chandrachud and M.R. Shah, JJ. upheld the order of the Chief Judicial Magistrate, Thiruvananthapuram,

Case BriefsHigh Courts

Orissa HC looks into the issue of overcrowding of jails; asks IG Prison for report; Reprimanded ad hoc measures and rather asked for a long term plan

Orissa High Court: A Division Bench of S. Muralidhar, CJ and S.K. Panigrahi, J. gave a slew of directions regarding the issue

Case BriefsHigh Courts

Bom HC | Departmental enquiry and criminal proceedings can go on simultaneously: Court refuses to quash departmental enquiry

Bombay High Court: The Division Bench of R.D. Dhanuka and R.I. Chagla, JJ., refused to quash departmental enquiry against the petitioner even

Case BriefsHigh Courts

Del HC | De-certification of AYUSH teachers; HC sets aside CCIM’s order de-certifying “Teacher Code” of practitioners for working outside their State of registration

Delhi High Court: V. Kameswar Rao, J., had set aside the controversial order of the CCIM (Central Council of Indian Medicine), whereby,

Case BriefsTribunals/Commissions/Regulatory Bodies

SEBI | Financial Racket: Kundra, Shetty into murky waters again | Imposes fine for insider trading on Viaan Industries

Securities Exchange Board of India (SEBI): Suresh B Menon, Adjudicating Officer, imposed a monetary penalty of Rs three lakh on Viaan Industries

Case BriefsHigh Courts

Kar HC | “There can be illegitimate parents, but no illegitimate children.” HC analyses whether a ‘son’ born out of void marriage be considered for compassionate appointment

Karnataka High Court: A Division Bench of B.V Nagarathna and Hanchate Sanjeev Kumar, JJ. allowed the petition and remarked: “no child is

Op EdsOP. ED.

Decoding Order 23 Rule 1(3) of Civil Procedure Code, 1908: Withdrawal of Suit and Institution of Fresh Suit on Same Cause of Action and its Finer Nuances

by Dhruv S. Patel*

Case BriefsSupreme Court

Real test is to check whether the act was directly concerned with official duty: SC quashes criminal proceedings against clerk accused of conspiring with superiors, for want of S. 197 CrPC sanction

Supreme Court: A Division Bench of Sanjay Kishan Kaul and Hemant Gupta, JJ. upheld Rajasthan High Court’s order whereby it had directed

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SCC Online Weekly Rewind Vol.1 Episode 20

SCC Online Weekly Rewind Episode 20 ft. Devika Sharma, Senior Editorial Assistant is out now. The written episode along with the video

Case BriefsSupreme Court

Ocular evidence to be disbelieved only when medical evidence rules out all possibilities of ocular evidence being true: Supreme Court reiterates

Supreme Court of India: The Division Bench of Navin Sinha and R. Subhash Reddy, JJ., reiterated the value of ocular evidence while

Case BriefsHigh Courts

Del HC | Does Exception 3 to S. 28 of Contract Act deal with claim period within which beneficiary is entitled to lodge claim? Court discusses

Delhi High Court: Jayant Nath, J., held that, Exception 3 to Section 28 of the Contract Act deals with curtailment of the

Op EdsOP. ED.

Recognition and Enforcement of Foreign Arbitral Award in India: In Search of a Formidable Shore

by Kumar Sumit* and Avani Tiwari**