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India Columns

As long as journalists can speak up without fear of retaliation, India's freedom will be secure: Supreme Court

As long as journalists can speak up without fear of retaliation, India's freedom will be secure: Supreme Court

Date: Nov 28, 2022
Case Title: Arnab Ranjan Goswami V. Union of India & Ors. The Supreme Court noted in its ruling on Arnab Goswami's writ petition that India's liberties will remain secure as long as journalists are...
A Ground to disqualify Domestic Arbitral Awards issued after 2015 is patent illegality: Supreme Court

A Ground to disqualify Domestic Arbitral Awards issued after 2015 is patent illegality: Supreme Court

Date: Nov 28, 2022
Case Title: PATEL ENGINEERING LTD. V. NORTH EASTERN ELECTRIC POWER CORPORATION LTD. According to the Supreme Court, an arbitral award that is obviously unlawful or perverse may be revoked under...
Before challenging the competence and integrity of a judge, a citizen must have some sort of standing or knowledge: Supreme Court

Before challenging the competence and integrity of a judge, a citizen must have some sort of standing or knowledge: Supreme Court

Date: Nov 28, 2022
Case Title: In Re Vijay Kurle and others The Supreme Court made some remarks on the appropriate parameters for critiquing a ruling while finding three people in contempt of court for levelling...
Erection, Commissioning and Installation Services & Service Tax in India: A Critical Analysis

Erection, Commissioning and Installation Services & Service Tax in India: A Critical Analysis

Date: Nov 28, 2022
Erection, Commissioning and Installation Services & Service Tax in India: A Critical Analysis Introduction Erection, commissioning and installation (ECI) services constitute a crucial segment of...
Legal Analysis of Driving Without a Licence in India

Legal Analysis of Driving Without a Licence in India

Date: Nov 25, 2022
The Legal Labyrinth of Driving Without a Licence in India: Implications for Motor Accident Claims and Insurer Liability Introduction The operation of motor vehicles in India is stringently regulated...
The Supremacy of the Statute: An Analysis of the Doctrine that Rules Cannot Override the Parent Act in Indian Jurisprudence

The Supremacy of the Statute: An Analysis of the Doctrine that Rules Cannot Override the Parent Act in Indian Jurisprudence

Date: Nov 24, 2022
The Supremacy of the Statute: An Analysis of the Doctrine that Rules Cannot Override the Parent Act in Indian Jurisprudence I. Introduction In the constitutional framework of India, the hierarchy of...
Foreigners Wearing Gold and Silver Jewellery Worth Over Rs. 50,000 Must Declare To Customs: Madras HC

Foreigners Wearing Gold and Silver Jewellery Worth Over Rs. 50,000 Must Declare To Customs: Madras HC

Date: Nov 24, 2022
Case Title: Chandrasegaram Vijayasundaram and others v. Principal Commissioner and others  The Madras HC observed that gold/silver ornaments that are worn in person and exceed Rs. 50,000 in value...
The Prevention of Corruption Act applies to a deemed university: Supreme Court

The Prevention of Corruption Act applies to a deemed university: Supreme Court

Date: Nov 24, 2022
Case Title: State of Gujarat v. Mansukhbhai Kanjibhai Shah The Supreme Court ruled in a key decision that a "deemed institution" shall fall under the purview of the Prevention of Corruption Act,...
"Relevant Turnover" to determine punishment imposed on firms using anti-competitive techniques: Supreme Court

"Relevant Turnover" to determine punishment imposed on firms using anti-competitive techniques: Supreme Court

Date: Nov 24, 2022
Case Title: Excel Crop Care Limited v. Competition Commission of India and Others  The Supreme Court on May 8, 2017, held that the "relevant turnover" of the company, rather than the "total...
Supreme Court overturned provisions in the Tribunals Reforms Ordinance 2021 that set the term of members of several tribunals at four years: Supreme Court

Supreme Court overturned provisions in the Tribunals Reforms Ordinance 2021 that set the term of members of several tribunals at four years: Supreme Court

Date: Nov 24, 2022
Case Title: Madras Bar Association v. Union of India By a 2:1 majority, the Supreme Court overturned provisions in the Tribunals Reforms Ordinance 2021 that set the term of members of several...
Video recording of the incident was not a 'proceeding' of the Assembly, which would be protected from legal proceedings under Article 194(2): Supreme Court

Video recording of the incident was not a 'proceeding' of the Assembly, which would be protected from legal proceedings under Article 194(2): Supreme Court

Date: Nov 24, 2022
Case Title: The State Of Kerala v. K Ajith And Ors The Supreme Court made several key judgments on the scope of parliamentary privileges and immunities while refusing to allow the withdrawal of...
Cooperative Banks Are Regulated by the SARFAESI Act: Supreme Court Constitution Bench

Cooperative Banks Are Regulated by the SARFAESI Act: Supreme Court Constitution Bench

Date: Nov 24, 2022
Case Title: PANDURANG GANPATI CHAUGULE V. VISHWASRAO PATIL MURGUD SAHAKARI BANK LIMITED According to the Supreme Court, cooperative banks must comply with the Securitization and Reconstruction of...
Sabarimala Review: Supreme Court Provides Justifications for Holding That Legal Questions May Be Referred to a Larger Bench

Sabarimala Review: Supreme Court Provides Justifications for Holding That Legal Questions May Be Referred to a Larger Bench

Date: Nov 24, 2022
Case Title: KANTARU RAJEEVARU V. INDIAN YOUNG LAWYERS ASSOCIATION THR. ITS GENERAL SECRETARY MS. BHAKTI PASRIJA AND ORS. The Supreme Court in a significant order stated that, in a review petition, it...
The right to life of citizens is superior as compared to the right to freedom of religion: Supreme Court

The right to life of citizens is superior as compared to the right to freedom of religion: Supreme Court

Date: Nov 24, 2022
Case Title: In Re Alarming Newspaper Report Regarding Kanwar Yatra in State of UP, Suo Motu Writ Petition The Supreme Court ruled that religious beliefs are subservient to the fundamental right to...
Judicial Scrutiny and Directions in Compassionate Appointment: A Doctrinal Analysis

Judicial Scrutiny and Directions in Compassionate Appointment: A Doctrinal Analysis

Date: Nov 24, 2022
Judicial Scrutiny and Directions in Compassionate Appointment: A Doctrinal Analysis of Indian Jurisprudence Introduction The policy of compassionate appointment in public services in India operates...
100 percent ST reservations for teachers in Scheduled Areas are unconstitutional: Supreme Court

100 percent ST reservations for teachers in Scheduled Areas are unconstitutional: Supreme Court

Date: Nov 24, 2022
Case Title: CHEBROLU LEELA PRASAD RAO & ORS. V. STATE OF A.P. & ORS. The Supreme Court ruled that it is unconstitutional to reserve all teaching positions at schools in "Scheduled Areas" for members...
Factories Act does not override the Indian Penal Code: Punjab and Haryana HC

Factories Act does not override the Indian Penal Code: Punjab and Haryana HC

Date: Nov 24, 2022
Case Title: Dhanpreet Singh And Anr v. State Of Punjab  The Punjab and Haryana High Court in a significant judgement, observed that provisions of the Factories Act, 1948 are not in substitution but...
To determine small or commercial quantity, amount of Neutral Substance in the mixture must be considered along with the weight of the actual drug: Supreme Court

To determine small or commercial quantity, amount of Neutral Substance in the mixture must be considered along with the weight of the actual drug: Supreme Court

Date: Nov 24, 2022
Case Title: Hira Singh & Anr. V. Union of India & Anr. In a landmark decision, the Supreme Court ruled that when determining what constitutes a "small or commercial quantity" under the Narcotic Drugs...
In case the imprisonment is less than 14 years, the power of premature release can be exercised by the Hon'ble Governor with the aid and advice of the State Government: Supreme Court

In case the imprisonment is less than 14 years, the power of premature release can be exercised by the Hon'ble Governor with the aid and advice of the State Government: Supreme Court

Date: Nov 24, 2022
Case Title: State of Haryana v. Rajkumar @ Bittu According to the Supreme Court, the limitations set by Section 433-A of the Criminal Procedure Code will not apply to the Governor's ability to...
Grant or non-grant of interim measures under Section 37(2)(b) refers only to Section 17(1) of the Arbitration and Conciliation Act: Supreme Court

Grant or non-grant of interim measures under Section 37(2)(b) refers only to Section 17(1) of the Arbitration and Conciliation Act: Supreme Court

Date: Nov 24, 2022
Case Title: Amazon.Com NV Investment Holdings v. Future Retail Ltd and Others The Supreme Court decided in favour of e-commerce behemoth Amazon in its fight against Future Retail Limited (FRL) over...
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