Author Archives: admin

Arbitration from one Arbitration Agreement cannot be invoked in disputes originating from another Arbitration Agreement between the same parties: Justice Surya Kant

In the case of DLF Home Developers Limited v. Rajapura Homes Private Limited & Anr. (2021) SC 490, the petitioner has filed an Arbitration Petition under Section 11, Sub-Sections 6 and 12 of the Arbitration and Conciliation Act, 1996. Sub-Section 6 of the Act allows a party to the arbitration to request the Supreme Court/ […]

Consensual, Voluntary, Participative Sexual Intercourse defeats accusation under POCSO Act, 2012, Accused Acquitted: Calcutta High Court

A 22-year-old man was convicted by the Trial Court under Section 376 (1) of the Indian Penal Code, 1860 and Section 4 of the Protection of Children from Sexual Offences Act, 2012 to suffer rigorous imprisonment of seven years with a fine of Rs. 50,000 for the alleged sexual assault of a girl of 16 […]

Any examination into the questions of equity and fairness is beyond the scope of the NCLT and NCLAT under the IBC, 2016: Justice D.Y.Chandrachud

In the case of Pratap Technocrats (P) Ltd. & Ors. v. Monitoring Committee of Reliance Infratel Limited & Anr. (2021) C.A.No.676/ 2021, the Corporate Insolvency Resolution Process (CIRP) of Reliance Infratel Limited (hereafter referred to as “Corporate Debtor”) was initiated on May 15, 2018, with the appointment of the Interim Resolution Professional (IRP) on May […]

The bar within Section 9(3) operates where an application for interim relief under Section 9, Sub-Section 1 has not been entertained till the constitution of the arbitral tribunal.

Section 9, Sub-Section 2 of the Arbitration & Conciliation Act, 1996 allows any party to the arbitral proceedings to seek an interim measure of protection in respect of any of the following matters before or during arbitral proceedings or at any time after making the arbitration award but before it is enforced: Preservation or Interim […]

Section 3 of the MTP Act, 1971 can be triggered in cases where rape is alleged; Not necessary to prove the allegation of rape”: Madhya Pradesh High Court

On July 27, 2021, the prosecutrix lodged a complaint before the Police Station Madhoganj, Gwalior, wherein she allegedly was friends on talking terms with the accused, Mr. Rocky Shakya, her neighbour. The accused allegedly began a physical relationship from 2016 with her, wherein the two engaged in regular sexual intercourse with each other; subsequently, the […]

Supreme Court of India Raps Centre for 240 Tribunal Vacancies across India: “You Are Testing Our Patience!”

In response to a Public Interest Litigation filed by Advocate Amit Sahni, on August 07, 2021, a two-judge divisional bench of Chief Justice of India N. V. Ramana and Justice Surya Kant asked the Centre’s response to the multitude of vacancies across different tribunals in India: 20 Presiding Officers, 110 Judicial Members and 111 Technical […]

Justice V. Kameshwar Rao Grants Relief To Four Teachers For Non-Payment Of Salaries By Richmond Global School

Justice V. K. Rao of the Delhi High Court simultaneously heard the petitions of four petitioners: Ritu Goel, Meenakshi Narang, Dishant Singh Rajawat and Pooja Mahajan (represented by Advocate K. B. Jha and Advocate S. S. Bagga) against a common respondent: Richmond Global School (represented by Senior Counsel Avnish Ahlawat, Advocate N. K. Singh, Advocate […]

Approach of Sympathy serves the interests of justice, Depression must be considered as a medically serious illness in light of the COVID-19 pandemic

In the case of Krishabh Kapoor v. Sardar Vallabhbhai National Institute of Technology (2021) C.A.No. 558/ 2021, Justice N. V. Anjaria  heard the petitioner, represented by Advocate Ronith Joy. The petitioner was a student of engineering at the Sardar Vallabhbhai National Institute of Technology, wherein a communication between the Academic Performance Review Committee and the […]

Credible, Consistent And Reliable Dying Declarations Are Valid To Prove The Guilt Of The Accused If It Inspires The Confidence Of The Court

A two-judge divisional bench of Justice Ziyad Rahman and Justice Vinod K. Chandran was faced with the question of the declaration of a dying person in the case of Thankappan Achary v. The State of Kerala (2021) CRL. A. No. 480/ 2017 where the admissibility of Nemo Moriturus Praesumitur Mentire was questioned, wherein the case of […]

Supreme Court Refuses To Suspend Life-Sentence Of Asaram Bapu, Calling His Crime As Non-Ordinary

Asumal Harpalani was born in the year 1941 in the village of Bernai in present-day Pakistan, wherein he migrated to Ahmedabad, Gujarat after the Partition of British India; subsequently, he established his first ashram in 1972 in the town of Motera, Gujarat, along the banks of the Sabarmati river. Over the years, he had amassed […]