Government Contracts, Arbitration And Clause Barring Grant Of Interest

Recent decision of Supreme Court in the case of Union of India vs Manraj Enterprises[1] rendered by Division Bench has held impliedly that the previous decision of co-ordinate Bench in Union of India vs Pradeep Vinod Constructions[2] is not a good law for not considering the three Judge Bench decision in Union of India vs Bright Power Projects (India) (P) Ltd[3] and also for being contrary to what was held subsequently by another three Judge Bench in the case of Jaiprakash Associates Ltd...

Rape On False Promise Of Marriage Can't Be Presumed Merely Because Accused Married Another Woman After Sex With Prosecutrix : Kerala High Court

The Court acquitted a man who was sentenced to life imprisonment by the trial court for the offence of rape by false promise of marriage.

Day Of Recusals In Calcutta High Court : Several Benches Recuse From Hearing SSC 'Group-D' Recruitment Scam Case

In an unprecedented development, the Calcutta High Court on Monday witnessed various Benches either recusing or declining to hear a batch of appeals pertaining to the alleged irregularities in the appointment of 'Group-D' (non-teaching staff) in sponsored Secondary and Higher Secondary schools under the West Bengal Board of Secondary Education (WBBSE) on the purported recommendation by the...

'PG Wodehouse A Security Threat? That's Comical' : Bombay High Court Astonished At Prison Officials Denying Gauatam Navlakha Books

The Bombay High Court on Monday came down heavily on the Maharashtra Government for its callousness in dealing with serious allegations against officials of Taloja Prison, which were levelled by senior journalist Gautam Navlakha who has been imprisoned there in the Bhima Koregaon - Elgar Parishad Case.A division bench of Justices Sunil Shukre and GA Sanap was informed how Navlakha was...

Chief Justice of India & Judges Greet Advocates As Supreme Court Resumes Full Physical Hearing

As a welcoming gesture on the occasion of the Supreme Court resuming full physical hearings after a gap of 2 years today, the Chief Justice of India N V Ramana along with companion Judges took a round of the Supreme Court corridor to greet the advocates this morning before the commencement of proceedings of the day.It was in March 2020 that the Supreme Court switched to complete virtual mode...

Supreme Court Monthly Digest With Nominal and Subject/Statute Wise Index- March 2022

Administrative Law - Natural Justice - Importance of natural justice and an opportunity of hearing to be afforded to the affected party in any administrative or quasi­judicial proceedings. (Para 28) Esteem Properties Pvt. Ltd. v. Chetan Kamble, 2022 LiveLaw (SC) 226 Amendment - If power to amend or modify or relax a notification and/or order exists, the notification and/or order...

Supreme Court "World Leader" In Virtual Hearings, Held Over Two Lakh Hearings Online: Law Ministry

The Ministry of Law & Justice informed in Lok Sabha that since Covid lockdown started, the District Courts heard 1,23,19,917 cases while the High Courts heard 61,02,859 cases (totalling 1.84 cr) till 28.02.2022 using Video-Conferencing. It was added that the Supreme Court held 2,18,891 hearings till 14.03.2022 since the beginning of the lockdown period making it the "world leader"...

Bombay High Court Orders 7 Days Jail For Prison Superintendent For Denying Emergency Parole To Eligible Prisoners

The Bombay High Court has held the Superintendent of Central Prison, Nagpur - Anupkumar M. Kumre - guilty of contempt and sentenced him to seven days' simple imprisonment for selectively denying prisoners emergency parole during the Covid pandemic. "If the Court finds that the Government's (officials) action in rejecting the grant of parole to a prisoner has the effect of suffocating...

Weekly Round-Up Tax Cases: March 27 - April 2, 2022

Supreme Court Immunity Under Income Declaration Scheme Available Only To The Declarant; Can't Be Extended To Another Assessee : Supreme Court Case Title : Deputy Commissioner of Income Tax (Central) Circle 1(2) versus M/s MR Shah Logistics Private Ltd Citation : 2022 LiveLaw (SC) 323 The Supreme Court has found fault with a Gujarat High Court judgement for extending the...

Power Of The "N.I.A. Special Court" To Tender Pardon To An Accomplice

CONTENTS Heading I N N E R T I T L E S PARA NO A Introduction 1 B N.I.A Courts are Courts of Session 2 C N.I.A Courts to follow Sessions Procedure 4 D D.1. D.2. Procedure to be followed for tendering pardon in a case triable exclusively by a Court of Session Pre-commitment pardon in a case...

Plaint Liable To Be Rejected When Relief Sought Is To Restrain Defendant From Initiating Prosecution Against Plaintiff : Supreme Court

The Supreme Court, on Friday, held that reliefs in a suit which seeks to frustrate the defendants from initiating a prosecution against plaintiff or seeking any other legal remedy are barred by law and can be a ground for allowing an application filed under Order VII Rule 11 of the CPC, seeking rejection of plaint. A Bench comprising Justices M.R. Shah and B.V Nagarathna allowed...

Power Of Attorney Must Be Construed Strictly; Agent Can't Sell Without Express Authorisation : Supreme Court

The Supreme Court observed that the power to sell is not to be inferred from a document of Power of Attorney which has to be construed strictly.The agent would have the power to sell only if the document expressly authorize him/her (i) to execute a sale deed; (ii) to present it for registration; and (iii) to admit execution before the Registering Authority, the bench comprising Justices...