Justice BV Nagarathna Calls For Inter-Ministerial Forum To Strategize And Handle High-Stakes Investment Arbitration Disputes

Justice Nagarathna also emphasized the need for capacity building in investment arbitration to reduce reliance on foreign legal expertise.

26 Principles Relating To Compassionate Appointment : Supreme Court Explains

In a recent judgment, the Supreme Court (bench of Justice Dipankar Datta and Justice PK Mishra) summarised the principles relating to compassionate appointment.a) Appointment on compassionate ground, which is offered on humanitarian grounds, is an exception to the rule of equality in the matter of public employment [see General Manager, State Bank of India v Anju Jain (2008) 8 SCC...

Supreme Court Annual Digest 2024 | Specific Relief Act, 1963

Section 16 - Whether the defendants were entitled to protection under Section 53A of the Transfer of Property Act, 1882, based on an unregistered sale agreement - Whether the concurrent findings of the Trial Court, First Appellate Court, and High Court were perverse or erroneous. Held, the Supreme Court dismissed the Special Leave Petition, affirming the judgments of the High Court,...

There's An Element Of Truth In Allegation That Courts Aren't Granting Bail In Deserving Cases : Justice Abhay S Oka

Justice Abhay Oka, Judge of the Supreme Court, said that there was an element of truth in the public criticism that the Courts are not granting bail to deserving persons.Talking about the issue of granting bail, Justice Oka remarked that bail hearing was earlier simple but now the culture of "reply, rejoinder, sur-rejoinder" introduced in bail jurisprudence, is consuming time. He stated...

Need Not Be Aggressive To Succeed In Litigation; Be Authentic : CJI Sanjiv Khanna To Law Students

"Success isn't built on inspiration—it's built on the habits you cultivate, the effort you put in, and the consistency with which you show up."

Supreme Court Annual Digest 2024 | Transfer of Property Act, 1882

Section 54 - Ownership of an immovable property does not get transferred until the sale deed is registered. Mere transfer of possession and payment of consideration will not transfer ownership, unless the sale deed is registered. Sanjay Sharma v. Kotak Mahindra Bank Ltd; 2024 LiveLaw (SC) 1054Section 54 - In the case concerning the auction sale of a property conducted under the SARFAESI Act,...

Filing Of Fresh Bail Application After Rejection Of Earlier Bail Plea Or Cancellation Of Bail Is A Matter Of Right : Supreme Court

The Supreme Court has observed that a High Court cannot dismiss a bail application solely on the ground that the Apex Court had not permitted the filing of a fresh application.The Court reiterated that the filing of a fresh bail application, after the dismissal of an earlier bail application or the cancellation of the bail granted, was a right."Filing of a fresh bail application, once an...

'High Fees, Without Substantial Relief' : Supreme Court Says Exorbitant Litigation Cost Must Not Hinder Access To Justice

In a recent order, the Supreme Court raised concerns about the rising cost of litigation, which prevented persons without adequate financial means from accessing justice.Saying that the legal profession, once regarded as a service-oriented profession, has now fallen prey to "rapid commercialization and competition", the Court voiced its concerns that justice is becoming unaffordable for...

Supreme Court Directs States To Implement Amicus Suggestions On E-Prisons Project

The Supreme Court recently directed the State Governments to take steps for the implementation of the suggestions submitted by amicus curiae Devansh A. Mohta on the e-prison project and file a report within 1 month in this regard.The suggestions submitted pertain to the following: (i) Publication of PTN(pre-trial number); (ii) Collation of CNR (case number record) and PID/Jail ID; (iii)...

Can NCPCR File Complaint Under MP Freedom Of Religion Act Against Unlawful Conversion Of Kids? Supreme Court Leaves Question Open

The Supreme Court recently expressed reservations about the view expressed by the Madhya Pradesh High Court that the National Commission for Protection of Child Rights (NCPCR) cannot file a complaint under the Madhya Pradesh Freedom of Religion Act, 2021, in the absence of a complaint of unlawful religious conversion by a person(or their parents/siblings) who has been illegally...

Feasibility Of Introducing Uniform Sentencing Policy Referred To Law Commission: Union Informs Supreme Court

The Supreme Court was recently informed by the Additional Solicitor General Aishwarya Bhati that the feasibility of introducing a comprehensive and uniform sentencing policy has been referred to the Law Commission of India.This comes after a bench of Justices M.M. Sundresh and SVN Bhatti in May, last year, recommended the Department of Justice, Ministry of Law and Justice, Government of India,...

Supreme Court Summons Haryana DGP Over Illegal Arrest Violating 'Arnesh Kumar' Guidelines

The Supreme Court recently directed the personal appearance of the Director General of Police, Haryana, since no action was reported to have been taken against police officials who arrested a person in violation of the directions passed in Arnesh Kumar v. State of Bihar (2014).In Arnesh Kumar, the Supreme Court passed several guidelines to curb unnecessary and casual arrest, and directed that...