Arbitration | Awarding Claim For Loss Of Profit Without Substantial Evidence Is In Conflict With Public Policy Of India: Supreme Court

Recently, the Supreme Court, while rendering an arbitral award as patently illegal and being in conflict with the “public policy of India”, held that a claim for damages cannot as a matter of course result in an arbitral award without proof of the claimant having suffered injury. The present decision emphasised the importance of substantial evidence in awarding claims for loss of...

No Case Of Medical Negligence If Complications Suffered By Patient Totally Unrelated To Medical Procedure Undergone: Supreme Court

The Supreme Court while deciding a case of medical negligence held that principles of Res Ipsa Locutor get attracted where circumstances strongly suggest partaking in negligent behaviour by the person against whom an accusation of negligence is made. Res ipsa loquitur means “the thing speaks for itself”.In the context of a legal claim based on negligence, res ipsa loquitur essentially...

Bengaluru District Commission Holds IndusInd Bank Liable For Refusal To Refund Invested Amount Of Rs. 16.16 Lakhs

The Bengaluru-IV Additional District Consumer Disputes Redressal Commission bench comprising of Ramachandra, M.S. (President), Nandini H Kumbhari (Member) and Shrinidhi (Member) held IndusInd Bank liable for unfair trade practices, negligence, and a breach of their duties as prudent bankers for not refunding investments made by the complainant amounting to Rs 16.16 Lacs...

Once High Court Admits A Writ Petition It Cannot Refuse To Consider Prayer For Interim Relief Citing Alternate Remedy: Supreme Court

The Supreme Court has expressed surprise at an order of the Bombay High Court that first admitted a writ petition but then refused to consider prayer for interim relief on the ground that an alternate remedy was available to the party. The Apex Court remitted the matter back to the High Court directing it to consider whether the interim relief needs to be granted or not. A bench of Justice B...

Court's Duty To Ensure Witnesses Are Not Under Threat: Supreme Court Cancels Accused's Bail After Witnesses Turn Hostile, Orders Fresh Examination

The Supreme Court has cancelled the bail granted to a man accused of conspiring to murder his wife after she refused consent for mutual divorce, upon noticing the "sudden somersault" taken by vital witnesses like the deceased's family members and the accused's history of using influence of police and goons.The Supreme Court invoked its powers under Article 142 of the Constitution and Section...

Supreme Court Sounds Note Of Caution After High Court Judge Entertains Civil Writ Petition For Clubbing FIRs, Imposes 50K Cost On Litigant

The Supreme Court recently exposed a shocking case of abuse of legal procedures before the Rajasthan High Court where after denial of interim relief under Section 482 CrPC for quashing FIR, the accused (respondents herein) filed a civil writ petition for consolidation of all FIRs and also managed to get protection from any coercive action. This move was allegedly aimed at circumventing the...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [September 11 – 17, 2023]

Citations: 2023 LiveLaw (SC) 763 To 2023 LiveLaw (SC) 799SUBJECT WISE INDEXAdvocateIt is very unfortunate that the Advocates representing the State Government have to approach the Court of Law for recovery of their fees - Ensure that an Advocate who appears for the State is paid his fees within a reasonable time. State of Uttar Pradesh v. Bina Pandey, 2023 LiveLaw (SC) 769Disciplinary...

Tamil Nadu’s Ban On Reinforced Paper Cups Reasonable,In Public Interest To Control Pollution: Supreme Court

The Supreme Court on Friday (20.10.2023) refused to interfere with the order of the Madras High Court that had upheld the ban on reinforced paper cups introduced in the state of Tamil Nadu in 2019. However the Apex Court directed the Tamil Nadu Pollution Control Board (TNPCB) to re-consider the ban on non-woven bags afresh in the light of the amended Plastic Waste Management Rules, 2016...

CJI Chandrachud To Speak At 3rd SDR Comparative Constitutional Law Discussion On “Perspectives From The Supreme Courts Of India And The United States” [23rd October]

The Society for Democratic Rights (SDR), New Delhi, and the Georgetown University Law Center, Washington DC will co-host the 3rd Comparative Constitutional Law discussion on the topic “Perspectives from the Supreme Courts of India and the United States”.The inaugural discussion in the series was held in October 2020 on the occasion of 150 years celebrations of Georgetown Law. Our...

'Ensure Manual Sewer Cleaning Is Completely Eradicated' : Read 14 Directions Issued By Supreme Court Against Manual Scavenging

The Supreme Court has issued a slew of directions to the Union and the State Governments to ensure that the abhorrent practice of manual scavenging is totally put to an end by strict implementation of the Prohibition of of Employment as Manual Scavengers and their Rehabilitation Act, 2013.The Court directed that the process of manual cleaning of sewers is completely eradicated and to ensure...

Judiciary's Role In Appointing Consumer Forum Members Can't Be Diluted: Bombay High Court Strikes Down Rule 6(1) Of Consumer Protection Rules 2020

The Bombay High Court at Nagpur has quashed Rule 6(1) of the Consumer Protection Rules, 2020 which prescribed two members from the State bureaucracy and only one member from the judiciary on the Selection Committee that recommends appointment of the President and member-judges to the State and District Consumer Commissions.The division bench comprising Justices Atul Chandurkar and Vrushali...

Read 12 Directions Issued by Supreme Court For Speedy Trial of Civil Cases

Expressing serious concerns at the pendency of cases in the country, the Supreme Court on Friday issued a slew of directions to ensure the speedy disposal of cases. The 12 directions issued by the bench of Justices S Ravindra Bhat and Aravind Kumar to high courts for ensuring speedy trial and to monitor the disposal of cases are as follows:All courts at district and taluka levels shall...