Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
The Court clarified that if the Court wants to reject the anticipatory bail, it may do so but the Court has no jurisdiction to say that the petitioner should now surrender.
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A perpetual lease executed in 1945 eventually led to a dispute spanning over 3 decades, revolving primarily over the legal character and appropriate law governing this lease.
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“Section 132, Zamindari Abolition Act, expressly prohibits the conferment of bhumidhari rights in respect of public utility lands, including pasture lands and khalihan.”
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With regard to the enforceability of the amended Chapter III to the elections to Bar Councils of different States, a decision will be taken on a case-to-case basis.
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The terms of the recruitment rules and the advertisement form the basis of the selection process and are binding on both, the candidates as well as the recruiting agencies.
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“Scheme of the Arbitration Act does not envision arbitration proceedings to cease with the death of a party. Section 35, Arbitration Act, extends the finality of an arbitral award not only to parties to the award, but also to ‘parties claiming under them’.”
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The Court held that the scope and adjudication of the appeals had to be confined to the direction given by the Single Judge, and nothing beyond that.
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The Court explained that the functioning of the High-Powered Committee is still at a nascent stage and therefore, the incorporation of this additional mandate, being of utmost significance, would not burden its proceedings.
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“The Registrar Generals of all the High Courts are hereby directed to communicate this order and submit a report along with the details of the Bar Associations that have failed to comply with the order or are reluctant to comply with these directions.”
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It was further held that the courts must identify and determine “points for determination”, even in default or ex parte suits, and answer them to resolve the matter of controversy between the parties.
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The criteria prescribed was not in any manner watered down or deviated from the criteria required to be satisfied while seeking regular appointment.
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“We have considered the proposal submitted by the CAQM and find the same to be reasonable, just, and fair.”
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“The Right to Life enshrined under Article 21 of the Constitution is not merely a guarantee against the unlawful taking of life, but a positive mandate upon the State to ensure a safe environment where human life is preserved and valued.”
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Initiation of administrative proceedings for disciplinary action against the appellant, we unhesitatingly hold, was bad in law and non est.
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“Alternate Dispute Resolution mechanisms or more particularly, arbitration, can only be the chosen method if both/all parties to the dispute can agree that it will be so. This freedom is not only insofar as choosing the medium, but it also encompasses choice of forum, applicable law and to some extent even procedural norms.”
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The jurisprudence pertaining to the grant of divorce under Article 142(1) on the ground of irretrievable breakdown of marriage has been developed with caution through various judgments.
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“In India, the concept of legal aid is closely tied to the vision expressed in the Preamble of the Constitution, which promises justice be it social, economic, and/or political, along with equality of status and opportunity, and affirms the secular character of the State.”
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“Protection of natural resources and fragile ecosystems is not only a statutory obligation but a constitutional imperative.”
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“If both the giver and the taker are penalised, no giver of dowry can be expected to come forward to make a complaint, being under the threat of being prosecuted himself.”
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Upholding NCDRC’s decision holding Canara Bank liable for delayed presentation of cheques, Supreme Court explained that a bank acts as a customer’s agent and is under an obligation to exercise due diligence in presenting the instruments within the prescribed validity period.
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