Supreme Court

Supreme Court: Even in the Absence of Formal Application, Delay Can Be Condoned Under Section 5 of Limitation Act

In a judgement on 22 March 2021, the Supreme Court held that in the absence of a formal application, the court/tribunal may exercise its discretion to forgive delay under Section 5 of the Limitation Act.

Supreme Court: Patriarchal & Stereotypical Notion About Women Should Be Avoided by Courts and Judges Be Trained on Gender Sensitisation

In a judgement on 18 March 2021; the Supreme Court ruled down that judges should avoid using patriarchal and stereotypical notions about women and suggested that the judges should be trained on gender sensitization. It was also ruled that the course on gender sensitization should be included in LLB and AIBE syllabus.

Supreme Court Backs Decision of National Consumer Disputes Redressal Commission in Insurance Case

Excerpt In a judgment on March 22nd the Supreme Court upheld the NCDR’s Order. The court stated that it will not interfere with the Judgement of NCDR in the matter, as it stands on sound reasoning.  Facts The appeal arose out of...

Supreme Court: State Cannot File One Charge-Sheet First and Supplementary Charge-Sheet Later To Extend the Time Limit

The Supreme Court in a judgement on Monday while granting a default bail to the Appellant observed that the investigation period set out in Section 167 of the Code of Criminal Procedure could not be expanded by filing a supplementary charge-sheet relating to UAPA violations.

Supreme Court: Accused Can Be Summoned Even on the Basis of Examination-in-Chief of a Witness

In a judgement on Monday, the Supreme Court observed that under Section 319 of the Code of Criminal Procedure, an accused might be summoned even based on examination in chief of witness, and the Court does not have to wait for his cross-examination.

Article 137 of Limitation Act Governs the Limitation Period for Filing Application Seeking Appointment of Arbitrator: Supreme Court

Excerpt The Supreme Court in a judgment on 10 March 2021 observed that Article 137 of the First Schedule of the Limitation Act would govern the time of limitation for filing an application under Section 11 of the Arbitration...

Quashing Criminal Proceedings Merely Because of the Presence of Civil Remedies Is Insufficient: Supreme Court

Excerpt The Supreme court in a judgement on 10 March 2021 observed that simply the presence of civil remedies did not become a ground to quash criminal proceedings. Facts of the Case In this case, the owner of the subjected property was...

Statement Under Section 313 of CrPC Is Not Substantive Evidence To Rebut Presumption Formed Under Negotiable Instruments Act: Supreme Court

Excerpt The Supreme Court in a judgement on 9 March 2021, while hearing an appeal petition against the High Court of Himachal Pradesh observed that the statement of the accused recorded u/s 313 of the Criminal Procedure Code was...

Even in Case of Joint Liability, Person Who Has Not Drawn the Cheque Cannot Be Prosecuted Under SEC. 138 of NI Act: Supreme Court

Excerpt The Supreme Court in a judgement dated 8 March 2021, observed that even in the case of joint liability, under Section 138 of the Negotiable Instrument Act, a person other than the person who had drawn the cheque on...

Dying Declaration Is Valid Even Though It Was Recorded in Front of Relatives in the Hospital: Supreme Court

Case Name: Satpal vs. State of Haryana Excerpt The Supreme Court in a criminal case on 3 March 2021 observed that a dying declaration given by the deceased in the hospital in front of the relatives was valid in nature...
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Understanding Contingent Contracts Under the Indian Contract Act

A contingent contract is a contract to do or not to do something, if some event, collateral to such contract, does or does not happen.
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Analysing the Central Vista Project: India’s New Parliament

The government will spend around Rs. 1000 Crore for the new parliament building, right in the center of India’s capital.

Explained: Farm Laws 2020 and its Effect on Indian Farmers

In the recent past, our government has come up with three different ordinances related to agriculture which has infuriated the farmers of our nation.

Job Post: Vacancy for Associate at Sony Pictures Networks India Private Limited, Mumbai

Sony Pictures Networks India Private Limited is looking to hire an Associate with 3-5 years of PQE from Media and Entertainment Industry, preferably with...

Analysing the Enforcement Of Foreign Arbitral Awards In Light Of the Vijay Karia Case

Section 34 of the Arbitration and Conciliation Act, 1996 (Hereinafter “Act”) lays down the basis for setting aside arbitral awards made in domestic and foreign arbitrations held in India. Though international awards cannot be contested in India, the compliance of such awards in India may be validly challenged by the award debtor on the grounds set out in Section 48 of the Act. The grounds set under both these sections are almost similar, one of the grounds being that the arbitral award is found contrary to the “public policy of India”. The question of the constituent elements of “public policy” have been discussed in a number of cases, however, in a recent case of Vijay Karia & Ors. V. Prysmian Cavi E Sistemi Srl & Ors, the SC drew attention to this point viz-a-viz foreign award.