Scope And Ambit Of Powers Of Court Under Section 319 CrPC: Supreme Court Summarizes Principles

The Supreme Court, in a judgment delivered on Tuesday, summarized the scope and ambit of the powers of the Court under Section 319 of the Code of Criminal Procedure.Even in a case where the stage of giving opportunity to the complainant to file a protest petition urging upon the trial Court to summon other persons as well as who were named in the FIR but not implicated in the charge-sheet...

Reservation Category Person Can't Claim Quota Benefits Simultaneously In Two Successor States : Supreme Court

The Court noted that the Presidential Order notifying SCs/STs operate "in relation to a State".

Leading Cases For Supreme Court AOR Exams 2021 [Part 2- Criminal Law]

The list of leading cases for AOR exams provided by the Supreme Court contains the following judgments that dealt with criminal laws [ Item nos: 4,5,11,13,17, 25, 26, 28 31, 35, 39, 46, 47, 50, 60]Sharad Birdhi Chand Sarda v. State of MaharashtraCase: CrA 745 of 1983; 17 July 1984; Justices Syed Murtaza Fazalali, A. Varadarajan , Sabhyasachi MukharjiCitation: AIR 1984 SC 1622, 1985 SCR (1) 88...

Does A High Court's Order Staying A Central Law Or Rule Apply Throughout The Country?

Will an order passed by a High Court staying the operation of a central legislation or rule operate across the country? Or is the operation of such an order confined only to the territorial jurisdiction of that High Court?Many readers asked this doubt in the wake of the Bombay High Court staying the operation of the enforcement of the Digital Media Code of Ethics under the IT...

Leading Cases For Supreme Court AOR Exams 2021 [Part 1 - Tribunals]

The Supreme Court announced that the Advocates On Record [AOR] Examination of this year will be conducted in December 2021. One paper of this examination is about 'leading cases' and the Court has itself issued a list of such cases. This article series intends to serve as a quick guide for wannabe AORs to crack the examination. It is noticed that the list provided by the Supreme Court...

'Perversity' Or 'Patent Illegality' Not Grounds To Refuse Enforcement Of Foreign Arbitration Award: Supreme Court

The Supreme Court observed that perversity of an award is not a ground to refuse enforcement of a foreign award under Section 48 of the Arbitration and Conciliation Act, after 2015 amendment.The Court held that the ground of "patent illegality" is only available to set aside domestic arbitration awards made under Part 1 of the Arbitration and Conciliation Act and will not apply to...

Foreign Award Can Be Binding On Non-Signatories To Arbitration Agreement: Supreme Court

The Supreme Court has held that a foreign award can be binding on non-signatories to the arbitration agreement and can be thus enforced against them.In this regard, the Court referred to Section 46 of the Arbitration and Conciliation Act, which deals with the circumstances under which a foreign award is binding. The Court noted that the provision speaks of "persons as between whom it was...

Pegasus Spyware Scandal: Laws on Surveillance and Phone-Tapping

The controversy surrounds the utilisation of Pegasus spyware by the government to snoop on eminent persons from different walks of life.

Order XLI Rule 22 CPC- Cross Objection Not Necessary To Challenge Adverse Findings: Supreme Court

The Supreme Court observed that a party in whose favour a court has decreed the suit can challenge an adverse finding before the appellate court without a cross objection.It is not necessary that a challenge to the adverse findings of the lower court needs to be made in the form of a memorandum of cross-objection, the bench comprising Justices DY Chandrachud and MR Shah observed.The Court...

Constitutional Amendments Struck Down By Supreme Court : 7 Partially & 1 Wholly So Far

While the NJAC amendment was struck down wholly by the Supreme Court, the other listed amendments were struck down in part.

'Fundamental Right To Form Cooperative Societies', 'Article 43B': Remnants Of 97th Constitutional Amendment After Supreme Court Judgment

The Supreme Court struck down most of the provisions introduced by 97th Constitutional Amendment on the ground that the requisite ratification from states was not obtained as per Article 368(2) of the Constitution.The majority (2:1) also held that Part IXB is operative insofar as multi-State co-operative societies are concerned. But there are a couple of important provisions inserted by...

Ex-Parte Decree Against Minor Not Represented By A Duly Appointed Guardian A Nullity : Supreme Court

The Supreme Court has upheld a judgment of the Madras High Court which held that an ex-parte decree passed against a minor not represented by a guardian who is duly appointed is a nullity.A bench comprising Justices Indira Banerjee and V Ramasubramanian was considering an appeal filed against the High Court judgment, which had set aside the ex-parte decree passed against a minor on the...