Reforming India’s Arbitration Framework: Addressing Patent Illegality in Award Enforcement; Alignment with the International Standards
by Arin Chatterjee* and Aranya Chatterjee**
Supreme Court
Employees can claim compensation under Employment Compensation Act in cases of accidents during work commute: Supreme Court
Where statutes in pari materia serve a common object in absence of any provision indicating to the contrary, it is permissible for a court of law to ascertain the meaning of the provision in the enactment by comparing its language with the other enactment relating to the same subject matter.
Creditor’s name not essential in balance sheet for acknowledgment of debt to extend limitation period; Supreme sets aside NCLAT Order; Allows IFIN’s plea
The judgment reaffirmed the principle that entries in a corporate debtor’s balance sheet can constitute an acknowledgment of liability under Section 18 of the Limitation Act, provided they indicate a subsisting jural relationship between the parties, even if the financial creditor is not named explicitly. The Court emphasised that such entries must be interpreted liberally and in context, considering the overall tenor of the balance sheet and the surrounding circumstances.
Man who killed family over wife’s alleged infidelity spared death penalty; to remain in prison until natural death: Supreme Court
The Court stated that though the appellant was illiterate, he was not irrational, as he had a plan in mind which he executed, thereby achieving his goal.
Constitutional bar against retrospectively imposing harsher penalty is clear and absolute: Supreme Court modifies sentence in POCSO case
Since the offence was committed on 20-5-2019, the amended provision of Section 6 of the Protection of Children from Sexual Offences (Amendment) Act, 2019, which came into force on 16-8-2019, could not have been applied to his case.
Police must serve Section 35 BNSS notices physically; WhatsApp and other electronic modes not valid: Supreme Court
“Section 35 of the BNSS, 2023 provides for arrest of persons by the Investigating Agency, ensuring that the person concerned appears before the Investigating Agency and cooperates with the investigation. The provision delineates the prerequisites that must be fulfilled before a person can be arrested without a warrant, keeping in mind the laudable objective of safeguarding the liberty of an individual.”
Authority empowered to inflict minor penalties, under CCS CCA Rules, can issue charge sheet even for imposition of major penalties: Supreme Court
As per Appendix 3 appended to CCS CCA Rules, the Member Telecommunications Commission is a competent authority to impose major penalties, and the General Manager, Telecommunications, is competent to impose minor penalties.
Hyatt International has ‘permanent establishment’ in India under India-UAE DTAA; liable to pay tax in India: Supreme Court upholds Delhi HC’s decision
“Once it is found that there is continuity in the business operations, the intermittent presence or return of a particular employee becomes immaterial and insignificant in determining the existence of a permanent establishment.”
High Courts must consider incorporating provision in their respective Rules, obligating disclosure of criminal antecedents by accused persons: Supreme Court
The Court stated that while considering the bail applications, accounting for the criminal antecedents of the accused has been a subject matter of concern for the courts across the country.
‘Fraud is an exception to doctrine of merger’: Supreme Court recalls its own judgment obtained by fraud
The application of the doctrine of merger, in every case, shall be accompanied by an awareness of its limitations and shall not be wielded to close avenues for addressing genuine concerns. Prioritizing justice and fairness shall supersede an absolute insistence on finality.
Petrol Pump NOC Case | Supreme Court imposes Rs 50,000 cost for non-disclosure of parallel proceedings before NGT and High Court
“Access to justice is inextricably connected to maintaining integrity in the process of invocation and conduct of remedial proceedings before Courts and Tribunals.”
Multi Crore Chit Fund Scam Case | Read why Supreme Court granted interim relief from arrest to actor Shreyas Talpade
In this case, Shreyas Talpade was linked to an alleged financial scam involving a Haryana-based cooperative society, which was accused of defrauding investors.
‘Not born as criminals’: Supreme Court permits woman convicted for fiancé’s murder to seek pardon
Mere punishment per se would not constitute a remedy for an act of crime. Therefore, the idea is to reform and rehabilitate the deviant person to bring him back into the fold of society.
Balancing Enforcement and Enterprise: A Case Study on M3M’s Substitution of Attached Property under the PMLA
by Divyangna Malik*, Rahul Suresh** and Sankalp Tewari***
Assessing “Loss of Profits or Profitability” in Construction Contracts — Evolution through Judicial Narratives
by Sumit Gehlot* and Vaishnavi Agrawal**
‘Review of a review not permissible’; Supreme Court upholds Calcutta HC judgment on finality of Review Medical Board’s decision in BSF recruitment
The respondents submitted that the action of the Petitioners in conducting another Review Medical Examination is clearly illegal, ultra vires, and without authority, and therefore deserves to be set aside in its entirety.
Supreme Court stays ‘pay minus pension’ rule for ex-defence faculty recruited by AIIMS Jodhpur
Pay Minus Pension is a salary fixation method applied to retired government employees who are re-employed or appointed to new government positions after retirement. Under this rule, the employee’s monthly salary is adjusted by deducting the amount of pension they receive from their gross pay in the new job. Essentially, the employee is paid the difference between their new pay scale and the pension amount, preventing them from drawing a full pension and full salary simultaneously.
Bihar’s Electoral Roll revision: Supreme Court urges Election Commission to accept Aadhaar, Ration Cards, and EPICs for voter identity verification
“An important question has been raised in these bunch of petitions, including Public Interest Litigations, before this Court. The question, petitioners would argue, goes to the very root of the functioning of a democracy – the question of ‘Right to Vote’ of the electorate.”
Inside the Rajasthan High Court’s order extending Asharam Bapu’s temporary bail
The Rajasthan High Court had granted interim bail to Asharam Bapu till 31-03-2025 solely on humanitarian grounds for medical treatment, subject to conditions as set by the Supreme Court.