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
Stalin vs. State represented by the Inspector of Police [Criminal Appeal No. 577 of 2020] [09.09.2020] – Murder and Culpable Homicide not amounting to murder Brief: In this the Court held that there is no universal rule of law that person having caused death with a a single blow cannot be convicted for murder under
Single injury can attract conviction for murder under section 302 Read More »
The New India Assurance Company Limited vs. Smt. Somwati and Others [07.09.2020] – Compensation under Motor Vehicles Act Brief: The Supreme Court today held that loss of consortium can also be awarded to children and parents and is not limited to wife [para. 34 & 42]. The Court also held that once compensation for loss
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