Arbitration Agreement Can Bind Non-Signatories: Supreme Court Upholds 'Group Of Companies' Doctrine

A Constitution Bench of the Supreme Court on Wednesday (December 6) held that an arbitration agreement can bind non-signatories as per the "group of companies" doctrine. "The 'group of companies' doctrine must be retained in the Indian arbitration jurisprudence considering its utility in determining the intention of the parties in the context of complex transactions involving multiple parties...

'Difficult To Bring Up A Child In Your 60s': Supreme Court On Challenge To Age Limit Under Surrogacy Act

The Supreme Court on Tuesday orally expressed its reservations about the applications filed before it by persons wanting to have a child through surrogacy under the Surrogacy (Regulation) Act, 2021 who are beyond the age limit prescribed under the Act. "There are cases where people in their 60s are saying they want children. It is so difficult to bring up a child at that age. Once a child...

Assam Accord | Supreme Court Seeks Official Data On Number Of People Benefitted From Section 6A Of Citizenship Act

On the first day of the hearings pertaining to a batch of petitions challenging the constitutional validity of Section 6A of the Citizenship Act, 1955, the Supreme Court Constitution Bench asked the Solicitor General of India Tushar Mehta to provide official data on how many people benefitted from Section 6A of the Act. The bench comprising CJI DY Chandrachud along with Justices Surya Kant,...

Supreme Closes Plea By Lawyer & Intern Against MP Police Case Over Alleged PFI Links; Allows Them To Approach HC

The Supreme Court on Tuesday (05.12.2023) closed a writ petition filed by a lawyer and her intern seeking independent investigation into a case registered against them in Indore in Madhya Pradesh over alleged links to the PFI.The Petitioners - lawyer Noorjahan and law student Sonu Mansoori- had alleged that they had been implicated in false, baseless, politically motivated and communally...

"I'm Sure Chief Justice Is Aware Of It" : Justice SK Kaul On Deletion Of Petitions Against Centre's Delay In Judges' Appointments

When Prashant Bhushan said that the deletion of the case was unusual, Justice Kaul said, "some things are best left unsaid".

Mere Claim Of Innocence Or Undertaking To Participate In Trial Not Sufficient Reasons To Grant Bail In Serious Offences : Supreme Court

The Supreme Court, while hearing an appeal against the order passed by the Jharkhand High Court allowing a bail application for an accused charged with an attempt to murder, observed that simply asserting innocence or agreeing to participate in the trial is not a valid reason for granting bail to an accused in serious offences. “At any rate, mere claim of innocence or undertaking to...

Supreme Court Half Yearly Digest 2023 [Indian Penal Code 1860]

Penal Code, 1860 - Constitutional Courts can impose fixed term sentence even in cases where death penalty was not proposed - "Even in a case where capital punishment is not imposed or is not proposed, the Constitutional Courts can always exercise the power of imposing a modified or fixed-term sentence by directing that a life sentence, as contemplated by “secondly” in Section 53 of the...

Supreme Court Monthly Round-Up November 2023

Citations: 2023 LiveLaw (SC) 932 To 2023 LiveLaw (SC) 1025Nominal Index Indrakunwar v. State of Chattisgarh 2023 LiveLaw (SC) 932Manish Sisodia v. Central Bureau of Investigation 2023 LiveLaw (SC) 934Bhisham Lal Verma V. State of Uttar Pradesh 2023 LiveLaw (SC) 935Pradeep Mehra V. Harijivan J. Jethwa 2023 LiveLaw (SC) 936Manak Chand v. State of Haryana 2023 LiveLaw (SC) 937IFFCO Tokio...

West Bengal Universities' Row | Supreme Court Seeks Attorney General's Intervention For Resolution Of Deadlock Between Governor & Govt

In the latest development in the ongoing clash between West Bengal Governor CV Anand Bose and the state government over interim vice-chancellor appointments at state-run universities, the Supreme Court last week(December 1) asked Attorney General for India R Venkataramani to organise a joint meeting with all stakeholders to break the logjam. A bench of Justices Surya Kant and...

Court Not Obligated To Frame Charges If Offences Are Not Made Out From Admitted Evidence Of Prosecution: Supreme Court

The Supreme Court recently (on December 01) reiterated that if the necessary ingredients of an offence are not made out from the admitted evidence of the prosecution, then the Court is not obligated to frame a charge for such an offence against the accused."...there is also a long line of precedents that from the admitted evidence of the prosecution as reflected in the documents filed by...

S. 34 IPC | Common Intention Doesn't Mean Prior Agreement, It Can Be Formed Even A Minute Before The Incident: Supreme Court

The Supreme Court recently clarified that for Section 34(common intention) of the Indian Penal Code to be applicable, there must be a common intention among all co-accused individuals, indicating a shared purpose and design. Notably, common intention doesn't necessitate explicit discussions or agreements among the co-accused; it is a psychological aspect that can arise just before or during...

Abetment Of Suicide | Instigation Must Be In Close Proximity To Suicide : Supreme Court Quashes Case Under S.306 IPC

The Supreme Court, while quashing a case for abetment of suicide against an accused, discussed the essentials to convict a person under Section 306 of the Indian Penal Code(IPC). It is pertinent to note that “Abetment” is defined under section 107 IPC. The Court explained that, for the first part of Section 107 to apply, the accused must have intentionally encouraged and pushed the...