Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
“Arbitration is founded upon consent. A party may be bound by the arbitral process only if it is first shown, even at a prima facie level, that such a party had agreed to submit disputes to arbitration.”
Continue reading
“This is a long drawn legal battle between brother and sisters. Although in the past the parties did try to reach to an amicable settlement, yet we are informed that the settlement failed.”
Continue reading
The NGT is empowered to quantify environmental compensation on the basis of project cost or scale of operations in order to enforce the polluter pays principle where construction is carried out in violation of environmental laws.
Continue reading
“Every medical practitioner owes to his patient a duty to exercise a reasonable degree of care, skill, and knowledge expected of a prudent practitioner in the same field.”
Continue reading
The Supreme Court also directed that such Menstrual Hygiene Management (MHM) corners must be established in every school, and they should be equipped with spare innerwear, spare uniforms, disposable bags, and other necessary materials to address menstruation related exigencies.
Continue reading
A litigant cannot be placed in a worse position merely for having approached the court.
Continue reading
“Upon a prima facie consideration, it appears to us that some of the provisions of the Impugned Regulations suffer from certain ambiguities, and the possibility of their misuse cannot be ruled out.”
Continue reading
“A separate cause of action arises upon each dishonour of a cheque provided the statutory sequence of presentation, dishonour, notice, and failure to pay is complete.”
Continue reading
The Court stated that since Section 175(4) BNSS merely provides an additional protective layer in cases involving public servants, all mandatory procedural requirements governing the exercise of power under Section 175(3), must necessarily be complied with.
Continue reading
The Reference under Section 10 of the Industrial Dispute Act, 1947 cannot be quashed merely because no prior demand was served on the employer.
Continue reading
“Though the demand raised by the Bank is legally sustainable, we find that compliance thereof would lead to extreme hardship for the appellant.”
Continue reading
The Court in Meena A Jagtap v. Bar Council of India, 2025 SCC OnLine SC 2749, directed that 30% posts of Executive Members along with that of ‘Treasurer’ of Gujarat High Court Bar Associations as well as all the District Bar Associations shall be exclusively earmarked/reserved for women advocates.
Continue reading
“It appears that approximately 1.40 crore individuals have been issued notices for the purpose of document verification.”
Continue reading
“The Vigilance and Anti-Corruption Bureau (VACB) is also a wing of State Police. The offences under the PC Act are also cognizable and can, therefore, be investigated by the State Police or VACB.”
Continue reading
“The judiciary would do well to remain circumspect of these practical realities, and interpret service rules in a manner that furthers the very object of a selection process, that is, the selection of the most suitable candidates from suitable candidates for appointment in a timely manner.”
Continue reading
Business profits must be concrete and commercially realisable, not mere paper adjustments. In amalgamation, substitution of shares that yield realisable assets of definite value constitutes taxable income under Section 28 of Income Tax Act, 1961, guided by the doctrine of real income to tax genuine gains while avoiding illusory ones.
Continue reading
When interpreting a tariff heading involved in a classification dispute, the tribunal or court may need to invoke and rely on the common or trade parlance test to understand the meaning and scope of the terms used in that tariff heading.
Continue reading
“The proper course is to proceed with the appeal on merits, ensuring representation, while securing presence only in accordance with law upon dismissal or as otherwise required.”
Continue reading
“True equality at the workplace can be achieved only with the right impetus given to disability rights as a facet of Corporate Social Responsibility.”
Continue reading
Section 21 of Arbitration and Conciliation Act, 1996 is concerned only with determining the commencement of the dispute for the purpose of reckoning limitation. There is no mandatory prerequisite for issuance of a Section 21 notice prior to the commencement of arbitration.
Continue reading