On September 9, a 3 Judge SC Bench held that the interpretation of the Constitution (102nd Amendment) Act, 2018 is a substantial question of law. The same was therefore referred to a Constitutional Bench. The Maratha Quota case led to this decision. Background The Maharashtra State Reservation for Socially and
On September 9th, the Supreme Court granted bail to 22 anti CAA protestors. The accusation against them was of attacking the police during the anti CAA protest which took place on December 19, 2019. The Supreme Court stayed the Karnataka High Court Order granting bail to these persons on March
Last week, on 2nd September, the Supreme Court held that a private complaint would not be maintainable for offences of giving or fabricating false evidence. This is even if the creation of the false evidence was outside the Court premises i.e. before the Court considered it as evidence. Background of
On September 31st, the Supreme Court directed the Centre to convene a meeting comprising States and UTs to address commercialisation of health care in the wake of COVID19. The advice given to the Centre was to come up with a legislative and executive master plan focusing on marginalised sections of
On August 26, the Hon’ble Supreme Court held that the states can charge a prescribed fee for the assignment of “distinctive marks” i.e. registration numbers to motor vehicles as a distinct service. Facts of the Case The registering authority in Madhya Pradesh rejected the allotment of registration number ‘MP-KL-4646’ by
SC dismissed the Civil Appeal filed by Avitel India against HSBC about arbitration proceedings. It held that HSBC has made out a strong prima facie case. The principal amount of USD 60 million awarded to HSBC in the final arbitral award should be completely kept apart in the manner indicated
On August 24th, a 2-Judge Bench held that flat buyers are fully entitled to compensation for delayed handing over of possession and for the failure of the developer to fulfil the representations made to flat buyers regarding the provision of amenities. The dismissal of the complaint by the NCDRC was
A Division Bench of the Apex Court rejected an application under Section 7 of the Insolvency and Bankruptcy Code (IBC) seeking initiation of Corporate Insolvency Resolution Process (CIRP), as barred by limitation. It annulled the Orders of NCLAT and NCT for erroneous reasoning applied and reiterated that the limitation for
On August 13th, 2020, the Apex Court permitted the Centre to withdraw its SLP filed before the Court against impugned Delhi High Court order to file a review petition instead. Consequently, it stayed the contempt proceedings against the Ministry of Environment, Forest & Climate Change (MoEFCC) for failing to comply
On August 19th, a 3 Judge Bench of SC dismissed an appeal filed by Mohd. Anwar for a reappraisal of evidence. He was on trial convicted under Section 394 of the Indian Penal Code (Robbery) and Section 25 of the Arms Act, 1959 by the lower courts. The Appellant had
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