Litigation, Integrity, and the Future of Law: In conversation with Senior Advocate Malvika Trivedi
Interviewed by Shaleen Bareja
Supreme Court
‘Adjudication beyond jurisdiction is void’; Supreme Court sets aside Calcutta HC order for lack of jurisdiction; Stalls appointments pending disposal of WP
Supreme Court, without delving into the merits of the rival claims, set aside the impugned order on the limited ground of lack of jurisdiction and ordered a remand. Consequently, the writ petition was revived and placed back on the file of the High Court.
Only arguing counsel appearing physically and assisting counsel will be recorded in appearance; Senior Advocate shall not appear without AOR: Supreme Court
“A right of an Advocate to appear for a party and to practice in the Courts is coupled with the duty to remain present in the Court at the time of hearing, and to participate and conduct the proceedings diligently, sincerely, honestly and to the best of his ability. Rights and duties are two sides of the same coin, and they are inherently connected with each other.”
Can Section 138 NI Act proceedings be quashed against former director of company, suspended from his position on appointment of IRP? SC answers
The immunity granted by the moratorium order issued under Section 14 of the IBC can only be obtained by a corporate debtor and not by a natural person such as the present accused, who was the Director of the corporate debtor.
Supreme Court sets aside NGT’s order curbing Auroville township expansion due to environmental harm
“There is a need for “Sustainable Development” harmonising and striking a golden balance between the right to development and the right to clean environment”.
Motor Vehicle Accident | SC gives wider interpretation to ‘legal representative’, includes financially dependent father & younger sister while enhancing compensation
A legal representative is one, who suffers on account of death of a person due to a motor vehicle accident and need not necessarily be a wife, husband, parent or child.
‘Funds available in liquidation proceedings cannot be directed for payment of unearned income due to large number of claims’; SC dismisses DDA’s plea in lease matter
The Court also held that the auction purchaser was not entitled to either ownership or leasehold rights in respect of the plot and could not claim to be a lessee as the lease in terms of the lease agreement entered into by the DDA was never executed.
NRJ Series | Leave of court can be granted to determine the liability of a person who claimed to be firm’s partner in execution of decree against firm [(1954) 2 SCC 917]
This report covers the Supreme Court’s Never Reported Judgment on execution of decree against firm dating back to the year 1954.
‘Compassionate appointment policy cannot be misused’; Gujarat HC rejects plea of mother seeking compassionate appointment for major son from LIC
“The only aim or intention of the petitioner was to get a compassionate appointment for her son in one way or the other, i.e., without disclosing the true and correct facts regarding the financial condition of her family.”
Supreme Court sets aside preventive detention order for ignoring bail conditions imposed by Magistrate for the same offence
Supreme Court noted that nothing is stated by the detaining authority as to why the conditions are not sufficient to prevent the detenu from engaging in further activities of smuggling; which was the specific ground on which the conditions were imposed while granting bail.
S. 304 Part II IPC | ‘Purely accidental’; SC allows discharge of two in death by electrocution case of workers while working on sign board
“The accused persons had no knowledge that by asking the two employees to work on the sign board as part of the work of decoration of the frontage of the shop, such an act was likely to cause the death of the two deceased employees.”
‘Employee already considered ‘initial constituent’ under Recruitment Rules cannot be treated as contractual employee’; SC dismisses SAI’s plea
The Court upheld the Central Administrative Tribunal’s decision entitling appellants to be considered as part of the “initial constitution” of Sports Authority of India (SAI) as laid down in the 2022 Rules.
NRJ Series| Agreement to be effectual as an assignment of actionable claim must be in writing and comply with Section 130 of Transfer of Property Act, 1882 [(1954) 2 SCC 869]
This report covers the Supreme Court’s Never Reported Judgment on actionable claim dating back to the year 1954.
“Each vote’s sanctity must be protected, irrespective of its effect on election outcome”; SC orders recount in Prayagraj Gram Panchayat election
“Right from the inception of democratic rule, universal adult franchise has found its place in our system of governance. Each election upholding these cherished values of public participation, equality and integrity of the vote is a testament to the vision of the founders.”
Supreme Court directs High Courts to ensure pending execution petitions to be decided within six months without fail
“It is said that the woes for the litigants in this country start once they are able to obtain a decree in their favour and are unable to execute and reap its fruits for years together.”
Can a complaint under S. 138 of N.I. Act be transferred from one Court to other for lack of territorial jurisdiction of Court? SC answers
For the purpose of transfer of any case or proceedings under Section 406 of the CrPC, the case must fall within the ambit of the expression “expedient for the ends of justice”.
S. 306 IPC | SC acquits family of four accused of abetting man’s suicide by blackmailing him and trapping in love affair
“Even if the suicide note is taken as correct and genuine, there was no act of incitement on the part of the accused persons proximate to the date on which the deceased committed suicide.”
‘Conclusion must have reasons to stand on’: Supreme Court sets aside unreasoned BCI order dismissing revision petition on Advocates’ professional misconduct
Supreme Court reiterated that that an order of affirmation may not require elaborate reasons as required in the case of an order of reversal, but it does not mean that such order of affirmation need not contain any reason at all.
Supreme Courts acquits convict in 1995 murder case for glaring omissions in evidence of deceased’s parents
“The motive for the commission of the offence was absent and the same was very relevant as the case was based on circumstantial evidence.”
Strict adherence to MRTP Act’s acquisition timeline is essential, land reservation lapses if no action is taken: Supreme Court
“It does not make any good sense to keep a plot reserved in a development plan for the past 33 years. The Authority did not allow the original owners to use the land and are now not permitting even the purchasers to utilize the land.”