Granting Bail In Dowry Death Cases Despite Evidence Of Direct Involvement Shakes Public Confidence In Judiciary : Supreme Court

In dowry-death cases, courts must be mindful of the broader societal impact and act with an abundance of caution, the Supreme Court said.

Court Shouldn't Discard Expert's Opinion Regarding Child's Decision-Making Capacity Merely Based On Direct Interaction: Supreme Court

The Supreme Court today (March 3) ruled that in child custody matters, when there is uncertainty about the child's ability to make independent decisions, expert opinions confirming a disability should be prioritized over inferences drawn from direct interactions with the child. The Court emphasized the importance of relying on expert medical assessments to determine the capacity of...

Washing & Dry Cleaning Of Clothes Qualfies As 'Manufacturing Process' Under Factories Act : Supreme Court

In a significant development, the Supreme Court today (March 3) ruled that activities such as washing, cleaning, and dry-cleaning fall within the definition of "manufacturing process" under the Factories Act, 1948, even if they do not result in the creation of a new tangible product. Holding so, the Court added that the laundry business constitutes a "factory" under Section 2(m) of...

'Breastfeeding In Public & Work Places Shouldn't Be Stigmatised' : Supreme Court Issues Directions Regarding Nursing & Child Care Rooms

"State has the obligation to ensure adequate facilities and environment to facilitate mothers to breast-feed their children," the Court stated.

'Disability No Bar To Excellence In Legal Profession' : Supreme Court Mentions Examples Of Legal Luminaries With Disabilities

In a judgment of great significance for the rights of persons with disabilities, the Supreme Court today quashed a rule of the Madhya Pradesh judicial services which disallowed visually impaired and low-vision candidates from seeking appointment to judicial services."Visually impaired candidates cannot be said to be 'not suitable' for judicial service and they are eligible to participate...

No Presumption Of Corruption Due To Misuse Of Authority If There's No Proof Of Demand & Acceptance Of Bribe: Supreme Court

The Supreme Court recently held that a mere allegation of misuse of authority will not give rise to a presumption under Section 20 of the Prevention of Corruption Act, 1988 (PC Act) unless there is proof of demand and acceptance of illegal gratification.Section 20 of the PC Act presumes that a public servant who accepts an undue advantage did so as a motive or reward. The Court ruled that...

S. 378(3) CrPC | For Leave To Appeal, Consider If Prima Facie Case Or Arguable Points Exist; Not Whether Acquittal Likely To Be Reversed: Supreme Court

The Supreme Court recently clarified that when deciding an application for leave to appeal under Section 378(3) Cr.P.C. against an acquittal, the High Court should not deny leave solely based on a prima facie assessment of whether the acquittal would be overturned. Instead, it must apply its mind and determine whether a prima facie case exists or if arguable points have been...

'None Should Be Excluded From Judicial Service Only Because Of Disability' : Supreme Court Quashes MP Rule Barring Blind Candidates

"Visually impaired candidates cannot be said to be 'not suitable' for judicial service and they are eligible to participate in selection for posts in judicial service."

S.390 CrPC | 'Bail Is The Rule' Even When Higher Court Orders Arrest Of Accused While Considering Challenge To Acquittal/Discharge : Supreme Court

The Supreme Court has held that when an appellate court invokes Section 390 of the Code of Criminal Procedure (CrPC) to arrest an accused while considering an appeal against acquittal, bail should be the norm.“It is well settled that an order of acquittal further strengthens the presumption of innocence of an accused. Therefore, as a normal rule, where an order under Section 390 of the CrPC...

Arbitration Agreement Enforceable Against Legal Representatives Of Deceased Party : Supreme Court

The Supreme Court has reiterated that an arbitration agreement is enforceable against the legal representatives of a deceased partner of a partnership firm."An arbitration agreement does not cease to exist on the death of any party and the arbitration agreement can be enforced by or against the legal representatives of the deceased," the Court stated, referring to the judgment in Ravi...

'Judicial Verdicts Not Like Sand Dunes' : Supreme Court Deplores Practice Of Making Oral Mentions To Modify Orders/Judgments

deplore such practices of making oral mentions for modification of the orders/judgments in the guise of a review

Supreme Court Annual Digest 2024 [Arbitration And Conciliation Act]

Section 33 - Although the Arbitral Tribunal becomes functus officio after passing an award, it would still retain the limited jurisdiction to clarify or correct errors in an award. North Delhi Municipal Corporation v. S.A. Builders Ltd., 2024 LiveLaw (SC) 1010Section 11 (6) - Arbitration clause - Interpretation - Pro-arbitration approach - Mutual Consent - Validity and interpretation...