Preserving Foundational Rights: Supreme Court Reaffirms Importance of Informing Accused of Grounds of Arrest in UAPA Offences
by Vasantha Rajasekaran† and Harshvardhan Korada††
Supreme Court
Supreme Court issues notice in Armed forces veteran’s plea seeking relaxation in Physical Efficiency Test for the post of Forest Guard
Rajasthan High Court had held that there exists no relaxation regarding category of Ex-serviceman and the Rule 19 of the Rajasthan Forest Subordinate Service Rules, 2015 states that the physical efficiency test will be applicable to candidates belonging to all categories including that of the Ex-servicemen.
Supreme Court refuses to grant relief to YSR Congress Party in plea challenging relaxation of postal ballot norms in Andhra Pradesh
The mandatory requirement of mentioning the name and designation of the authorised officer in Form 13A was dispensed with, and after the relaxation of norms, only the specimen signatures of all such officers are required.
Delhi Water Crisis | Supreme Court calls for urgent meet of stakeholders to address Delhi’s demand for additional water
Delhi Government sought directions for the immediate release of water from Himachal Pradesh through Haryana.
SC sets aside NCDRC order directing United India Insurance Co. to pay insurance claim for bridge collapsed in 2009, resulting in death of 48 workmen
Supreme Court reiterated that exclusion clauses in insurance contracts are interpreted strictly against the insurer as they have the effect of completely exempting the insurer of its liabilities.
Explained | ‘Onus to prove that service was obtained for commercial purpose under Consumer Protection Act lies on service provider and not consumer’: SC
“If and only if, the service provider discharges its onus of showing that the service was availed, in fact for a commercial purpose, does the onus shift back to the complainant to show that the service was obtained exclusively for the purpose of earning its livelihood by means of self-employment.”
Know Thy Judge | Supreme Court of India: Justice Manoj Misra
Justice Manoj Misra is the sitting judge of the Supreme Court of India. He was elevated to the Supreme Court in February 2023 and has formerly served as a Judge in the High Court of Judicature at Allahabad.
Never Reported Judgment| Cause of action for suit filed by reversioner for possession of immovable property arises on the death of a Hindu widow [(1953) 1 SCC 407]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on limitation period of suit on possession of immovable property.
Delhi High Court dismisses petition seeking Guidelines for Suspended Insolvency Professionals by IBBI Disciplinary Committee
The Court exonerated the charges of contravention of prescribing non-refundable participation fee levied on Liquidator of Corporate Debtor, however, he was found guilty of paying excess fees to BDO Restructuring Advisory LLP.
Inside Supreme Court’s verdict on land acquisitions by Delhi State entities from 1957- 2006 under 1894 Act for public projects
Supreme Court directed the parties to maintain status quo regarding possession, change of land use, and creation of third-party rights till fresh acquisition proceedings are completed
Supreme Court re-constitutes Gender Sensitisation and Internal complaints committee with Justice Hima Kohli as Chairperson
Regulation 4 of the Gender Sensitization & Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition and Redressal), Regulations, 2013, provides for constitution of the Gender Sensitization & Internal Complaints Committee for sensitizing the public to gender issues and to address any complaints made with regard to sexual harassment at the Supreme Court precincts.
[Lok Sabha Election 2024] Supreme Court refuses to entertain plea seeking directions to ECI to conduct re-polling in Bihar’s Munger parliamentary constituency
The plea was filed for repolling in several booths of the Munger Parliamentary constituency in Bihar.
Read why SC upheld Gujarat HC’s promotion of Judicial Officers based on 65% promotional quota complying with principle of ‘Merit-cum-Seniority’
“As long as ‘Merit-cum-Seniority’ is applied in the manner as explained in All India Judges’ Association v. Union of India, (2002) 4 SCC 247, wherein both merit and seniority are considered, and merit plays the dominant role, the process of promotion cannot be said to be violative of the principle of ‘Merit-cum-Seniority’.”
Supreme Court upholds Bombay HC order convicting man for burning his wife alive; Finds no reason to doubt correctness of dying declaration
Supreme Court noted that by its order dated 30-06-2016, the sentence was suspended, and bail was granted to the convict, as he had already undergone about nine years of sentence.
[Electronica Trade Mark] SC upholds Bombay HC order directing Registrar to decide applications for adding subsequent proprietor de novo; Directs for expeditious disposal
The Trade Mark Registry allowed the Form TM-24 Applications of the Electronica Hitech Machines Tools Private Limited for bringing on record their name as the subsequent proprietor. Electronica India Limited challenged the said purported order.
Explained| Supreme Court verdict on Constitutionality of ICAI guidelines limiting number of tax audits by chartered accountants per year
“One of the objects of the Chartered Accountants Act, is to ensure that the profession of the Chartered Accountant in the country maintains high professional ethics and renders quality service since Chartered Accountants are necessary for the efficient tax administration in the country”
Supreme Court acquits 5 in murder case on material omissions affecting reliability of witnesses
“The requirement under Section 145 of the Evidence Act, 1872 of confronting the witness by showing him the relevant part of his prior statement is to give the witness a chance to explain the contradiction and this is a rule of fairness.”
Pre-Award, Pendente Lite, and Post-Award Interest in Arbitration: Decoding the Supreme Court’s Perspective
by Vasanth Rajasekaran† and Harshvardhan Korada††
Inside Supreme Court judgment referring the issue of recovering time barred debts under Special Statutes to 3-judge Bench
Supreme Court reiterated that the laws of limitation only bar the remedy and do not extinguish the right, except in cases where title is acquired by prescription.
Never Reported Judgment| Entries in revenue records have considerable value but not by themselves sufficient to rebut the presumption of jointness of the family [(1953) 1 SCC 483]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on relevance of entries in revenue records.