Supreme Court Dismisses Andhra Pradesh Govt Plea Against HC Quashing 34% Backward Class Quota In Local Body Elections
The Supreme Court today (October 9) dismissed the Andhra Pradesh government’s challenge to the High Court’s order quashing two government orders that provided 34% reservation to Backward Classes in rural…
Procedural Violation Will Not Vitiate Seizure But Can Affect Evidentiary Value
The Supreme Court on Thursday (October 8) held that a failure of the accused to furnish an explanation regarding the seizure made at his place cannot be regarded as incriminating…
Victim Also Has Right To Seek Speedy Trial Like Accused
“to say that the role of the victim is limited to being a witness, is not correct. A victim or the legal guardian of the victim is a definite stakeholder…
Once Prima Facie Existence Of Arbitration Agreement Shown, Dispute Must Be Referred To Arbitration
The Supreme Court has held that once the prima facie existence of an arbitration agreement is established before a referral court, it ought to appoint an arbitrator and refer the…
Hindu Widow’s Limited Interest Became Absolute Under 1956 Succession Act
The Supreme Court has held that a Hindu widow’s limited interest in agricultural land can become absolute ownership under Section 14(1) of the Hindu Succession Act, 1956, and that succession…
Govt Servant Cannot Claim Inter-District Transfer As Right; Education System Is For Students, Not Teachers’ Convenience
The Supreme Court has recently held that being displaced from one’s family is a universal problem faced by employees, and that a Government servant cannot claim an inter-district transfer, as…
Hearing Of Accused Necessary When Cognizance Taken After BNSS Came Into Force, Though Complaint Filed Earlier
SCOI recently held that where a Magistrate applied judicial mind and found a prima facie case only after the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force, cognizance is…
S. 17 Arbitration Act | Arbitral Tribunal Does Not Exercise Appellate Jurisdiction Over Section 9 Orders:
SCOI recently held that a High Court hearing an appeal under Section 37 of the Arbitration and Conciliation Act against an interim order passed under Section 9 cannot, even with the…
Preventive Detention Can’t Be Solely Based On Custodial Confession
SCOI held that authorities can’t pass a preventive detention order solely relying on the confessional statement of the accused. It thereby quashed the detention of Mulla Afroz, who was accused of…
IBC | Failure To Pay Balance Sale Consideration Invites EMD Forfeiture If Auction Terms So Provide
SCOI ruled that where auction terms provide for it, a successful bidder’s failure to pay the balance sale consideration in a liquidation proceeding will result in forfeiture of the Earnest…