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Crafting a Lasting Legacy in ADR and Legal Aid, Justice Hrishikesh Roy, retires
Justice Hrishikesh Roy is known for his notable contributions to the causes of alternative dispute settlement and legal aid.
Justice Hrishikesh Roy is known for his notable contributions to the causes of alternative dispute settlement and legal aid.
“Legislative intent behind inserting the proviso to Section 31(4) of the IBC would suggest that prior approval of the CCI was specifically mandated and it should not be seen as a flexible provision to be ignored in certain exigencies.”
Nearly two years had passed since the FIR was lodged, yet no progress was made in the case. The Court noted that the accused had cooperated with the investigation and that the chargesheet was yet to be filed.
The Arbitration and Conciliation Act, 1996 does not prohibit Public Sector Undertakings from empanelling potential arbitrators, however, an arbitration clause cannot mandate the other party to select its arbitrator from the panel curated by PSUs.
The 9-Judge Bench unanimously held that Article 31-C of the Constitution remains in force to the extent that it was upheld in Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225.
Supreme Court said that the disciplinary proceedings against the Judicial Magistrate, have been initiated on the basis of a legally invalid order.
“Casual observation may indicate personal biases especially when perceived to be directed at a certain gender or community. One must be wary of making patriarchal or misogynistic comments”
“This appears to be a case where there was no collective consultation amongst the three Constitutional functionaries of the High Court i.e. the Chief Justice and the two senior-most companion judges. The absence of plurality, in reconsideration as directed by the Supreme Court Collegium, is discernible.”
“Supreme Court said that it was constrained to take suo motu notice of the 17-07-2024 order as such orders intend to bring entire judicial machinery to disrepute and it also lowers dignity of the High Court as well and such observations were wholly unnecessary”
“Royalty is in the nature of a tax or an exaction. It is not merely a contractual payment but a statutory levy under Section 9 of the MMDR Act.”
Supreme Court said that authorizing the Central Government to lay down the terms of mining leases and grant approval to concessions, the MMDR Act seeks to ensure that there is uniformity in the terms for working of mines and extraction of minerals.
“The payments made to the Government cannot be deemed to be a tax merely because the statute provides for their recovery as arrears”.
This matter was the oldest pending nine-judge Bench case before the Supreme court. The Bench had reserved its judgment in the matter on 14-03-2024
The State of Uttar Pradesh, Uttarakhand and Madhya Pradesh issued the direction amidst preparations for the Kanwar Yatra, directing the shops and eateries to display the names, addresses, mobile numbers of owners and their staff.
Justice Hrishikesh Roy, sitting Judge of Supreme Court of India and former Chief Justice of Kerala High Court is known for his notable contributions to the causes of alternative dispute settlement and legal aid.
Justice Hrishikesh Roy is known for his notable contributions to the causes of alternative dispute settlement and legal aid. We have curated some of his important High Court and Supreme Court decisions.
Supreme Court: The bench of R. Subhash Reddy and Hrishikesh Roy*, JJ has held that retrospective seniority cannot be claimed from a
‘Abetment’ involves mental process of instigating a person or intentionally aiding a person in doing of a thing.