India Columns

Changing dynamics of morality in the Current social scenario and Right to Live with dignity under Article 21: Supreme Court

Date: Nov 14, 2022

Case Title:  State of Maharashtra v. Indian Hotel and Restaurants Association and Ors. Three writ petitions were brought by the Association of Hotel and Bar Owners, the R.R. Patil Foundation, and the...

Merely because the Investigation Officer and complainant are the same, the Trial in NDPS cases will not be vitiated: SC Constitution Bench

Date: Nov 14, 2022

Case Title: Mukesh Singh V. State (Narcotic Branch of Delhi) The Supreme Court's Constitution Bench ruled that it cannot be assumed that an accused person under the NDPS Act is entitled to an...

Article 21 will ring hollow in absence of additional support that helps make fundamental rights real and meaningful for a person with a disability: Supreme court

Date: Nov 14, 2022

Case: Vikash Kumar v. Union Public Service Commission The decision issued by the Supreme Court stated that, its decision in V Surendra Mohan v. State of Tamil Nadu would not be a binding precedent...

In case of prolonged protest, there cannot be continued occupation of public places affecting the rights of others: Supreme court dismissed the review petition against Shaheen Bagh Judgement

Date: Nov 14, 2022

Case Title: KANIZ FATIMA & ORS. v. COMMISSIONER OF POLICE & ORS. The Supreme Court dismissed a review petition filed against the Shaheen Bagh Judgment, which held that dissenting demonstrations must...

Termination of a bank employee upheld because he lacked utmost devotion, integrity, and honesty: Supreme Court

Date: Nov 14, 2022

Case Title: DEPUTY GENERAL MANAGER (APPELLATE AUTHORITY) v. AJAI KUMAR SRIVASTAVAThe Supreme Court stated while upholding the discharge of a bank employee that full commitment, integrity, and honesty...

The Supreme Court Rule making authority to decide whether 'Advocate On Record' inclusive of a "sole proprietor firm?"

Date: Nov 14, 2022

Case Title: IN RE: ADVOCATE ON RECORD INCLUDES A PROPRIETARY FIRM ETC. In this case, an administrative choice was made in response to emails from the petitioner. The question of whether an Advocate...

The presence of statutory restrictions in UAPA does not preclude Constitutional Courts from granting bail: Supreme Court

Date: Nov 14, 2022

Case Title: Union of India v. K.A. Najeeb The Supreme Court ruled that Section 43D (5) of the UAPA does not preclude Constitutional Courts from granting bail based on a violation of the Fundamental...

Reservation in Promotion and the Consequential Seniority provided to SC and ST's: Supreme Court

Date: Nov 14, 2022

Case Title: B.K. Pavitra v. Union of India,  In this case, a two-judge Supreme Court panel issued an intriguing decision which addressed the nexus between seniority difficulties and reservations for...

No case for review of the verdict, rules Supreme Court while dismissing review petition challenging Aadhar Judgement

Date: Nov 14, 2022

Case Title: Beghar Foundation v. Justice K.S. Puttaswamy By a 4:1 majority, the Supreme Court dismissed a slew of review petitions contesting the Constitution Bench's decision in the Aadhaar case...

Indian Penal Code does not restrict the benefits of probation under the Probation of Offenders Act, 1958: Supreme Court

Date: Nov 14, 2022

Case Title: LAKHVIR SINGH V. STATE OF PUNJAB According to the Supreme Court, the provisions of the mandatory minimum sentence prescribed for offences under the Indian Penal Code do not restrict the...

Probe held "Larger conspiracy" behind the allegations of sexual harassment levelled against then-CJI of the Supreme Court Ranjan Gogoi: SC closed the suo-motu case.

Date: Nov 14, 2022

Case Title: In Re: Matter Of Great Public Importance Touching Upon The Independence Of Judiciary In response to media reports about sexual harassment allegations made by a former Supreme Court...

Amendment of Plaint cannot be permitted if it is likely to change the nature of the suit: Supreme Court

Date: Nov 11, 2022

Case Title: Asian Hotels (North) Ltd. v. Alok Kumar Lodha The Supreme Court stated that if the essence of the lawsuit is likely to alter, a court would not be justified in permitting the revision of...

Motor Accident Compensation- Future Prospects Can Be Granted Even in Cases Concerning Notional Income: Supreme Court

Date: Nov 11, 2022

Case:  Kirti v. Oriental Insurance Company LtdAccording to the Supreme Court, future prospects can be granted even in cases involving hypothetical income. When deciding an appeal stemming from a...

IBC Moratorium facilitates only Corporate Debtor and not its promoter: Supreme Court

Date: Nov 11, 2022

Case Title: Narinder Garg v. Kotak Mahindra Bank Ltd The Hon'ble Supreme Court bench while adjudicating in this case through its judgement dated March 28th, 2022, has held that the purview of section...

Public Servants can file Defamation Complaints without following the procedure mentioned in Section 199 of CrPC: Supreme Court

Date: Nov 11, 2022

Case Title:  Manoj Kumar Tiwari v. Manish Sisodia According to Section 199 of CrPC, the offence of defamation cannot be brought before a court without a complaint from the party which has been...

There must be proof of direct or indirect actions of instigation to the commission of suicide in cases of alleged abetment to suicide: Supreme Court

Date: Nov 11, 2022

Case Title: Mariano Anto Bruno V. Inspector of Police The Supreme Court reaffirmed that in order to be found guilty under Section 306 of the Indian Penal Code, affirmative conduct on part of the...

Alternative Dispute Resolution- Importance of Trained Mediators: Supreme Court

Date: Nov 11, 2022

Case Title: Patil Automation Private Limited v. Rakheja Engineers Private Limited  The Supreme Court in the aforementioned case, expressed concern about the dearth of trained mediators, and how...

Bar of Order 2 Rule 2, CPC applies only to subsequent Suits; cannot apply to an amendment sought on an existing Suit: Supreme Court

Date: Nov 11, 2022

Case Title: Life Insurance Corporation v. Sanjeev Builders Private Limited The Supreme Court observed that the bar of Order 2 Rule 2 of the CPC cannot apply to an amendment which is sought on an...

A College's Governing Body Is The Appropriate Authority To Appoint Administrative Staff: Supreme Court

Date: Nov 11, 2022

Case Title: CHAIRPERSON GOVERNING BODY DAULAT RAM COLLEGE v. DR. ASHA The Supreme Court has stated that the Governing Body of a College has right to designate the administrative staff of a college....

By a 2:1 majority, The Supreme Court upheld the Centre's plan for the Central Vista Project

Date: Nov 11, 2022

Case: Rajeev Suri v. DDA & Ors. The Supreme Court affirmed the Central Government's intention to build the Central Vista project and the government's proposal to build a new Parliament in Lutyen's...