Through GOI v. Vedanta Ltd. (Formerly Cairn India Ltd.) & Ors [2020 SCC OnLine SC 381] 16.09.2020: Arbitration Act – Foreign Award – Enforcement – Limitation – Public Policy Brief: In this case the Supreme Court has held allowed enforcement of an arbitral award passed in Malaysia. While enforcing, the Court firstly, held that the limitation […]
Limitation period for enforcement of foreign arbitral award is three years Read More »
Jugut Ram vs. The State of Chhattisgarh [Criminal Appeal No. 616 of 2020] IPC – Section 302 vs. Section 304 Brief: In the case, the Supreme Court has changed the conviction of appellant from under section 302 to under section 304 Part II as the assault was not pre-mediated but had taken place in a heat of passion. Moreover, lathi was used to assault
Lathi is not a weapon of assault simpliciter Read More »
Balasore Alloys Limited vs. Medima LLC [Arbitration Petition (Civil) No. 15/2020] [16.09.2020] – Arbitration – Appointment of Arbitrator – Conflicting arbitration clauses Brief: In this Petition, their existed two arbitration clauses in separate documents of a single main contract. The Supreme Court noted that in order to harmonise or reconcile and arrive at a conclusion as to which of
Neetu Kumar Nagaich vs. The State of Rajasthan and Others [Writ Petition (Crl.) No. 141 of 2020] [16.09.2020] – CrPC – De novo investigation Brief: The Supreme Court in this writ petition has ordered fresh investigation by a fresh team of investigators in a case where student of National Law University Jodhpur was found dead
Supreme Court order de novo investigation in the Jodhpur student death case Read More »
Abhilasha vs. Parkash & Ors. [Criminal Appeal No. 615 of 2020] [15.09.2020]: CrPC – Section 125 – Hindu Adoption and Maintenance Act, 1956 – Section 20 Brief: In this case the Court held that a unmarried daughter having attained majority and not mentally or physically abnormal cannot seek maintenance under section 125 of the CrPC.
Jeet Ram vs. The Narcotics Control Bureau, Chandigarh [Criminal Appeal No. 688 of 2013] [15.09.2020]: NDPS – Conviction in Appeal Brief: In this case the Supreme Court upheld conviction of the Appellant under section 20 of the NDPS Act. The Court held that Appellate courts are vested with the power to review and can come
National Co-operative Development Corporation vs. Commissioner of Income-Tax, Delhi-V [Civil Appeal No. 5105-5107 of 2009] [11.09.2020] – Income Tax – Interest income – loan – grant – Advance Ruling system Brief: In the said civil appeal, the Hon’ble Supreme Court first held that interest on loans and dividends would fall under the head of “Profits
Interest income disbursed as “grants” is an expenditure and thus deductible Read More »
Pravin Kumar vs. Union of India and Ors. [Civil Appeal No. 6270 of 2012] [10.09.2020] – Judicial Review – difference between disciplinary proceedings and criminal proceedings Brief: In this the Supreme Court upheld the dismissal order of Appellant for charges of corruption and extra-constitutional conduct. The Court held that the threshold of judicial review under
Non-continuation of criminal proceedings does not bar disciplinary action Read More »
Rizwan Khan vs. The State of Chhattisgarh [Criminal Appeal No. 580 of 2020] [10.09.2020] – Independent witness – Complainant and Investigating authority as same person – Recovery of vehicle – Clerical errors Brief: In this criminal appeal the Supreme Court confirmed the conviction of the accused under section 20(b)(ii)(B), NDPS Act, 1985. The Court held
Independent witness is not indispensable to the Prosecution case Read More »
Rajasthan State Road Transport Corporation and Ors. vs. Goverdhan Lal Soni and Anr. [Civil Appeal No.1789 of 2020] [09.09.2020] – Contributory Provident Fund and Pension Brief: In this appeal, the Supreme Court upheld the order of the Division Bench of the High Court of Rajasthan to grant pension by the appellant to the Respondents. The
