JUDGES 1. S Ravindra Bhat 2. M.R. Shah 3. Vineet Saran 4. Indira Banerjee 5. Arun Mishra CASE-NUMBER - SLP (C) 9036-9038/2016 [Diary No. 8700/2016] CITATION - [2020] 8 SCC 129 ISSUES 1. Can a Supreme Court decision on a question of law be overruled by a subsequent Supreme Court bench of the same strength? Or does... Continue Reading →
INTERNET AND MOBILE ASSOCIATION OF INDIA V. RESERVE BANK OF INDIA
CITATION - [2020] 10 SCC 274 JUDGES 1) Rohinton Fali Nariman, 2) Aniruddha Bose 3) V. Ramasubramanian BACKGROUND Reserve Bank of India (RBI) issued a circular dated 6th april,2018. The circular do prohibits the bank and other entities too from trading in virtual currencies. Moreover the circular do barred the banks to provide any kind of services... Continue Reading →
SUSHILA AGGARWAL V. STATE OF NCT OF DELHI
CITATION - (2020) 5 SCC 1 BRIEF FACTS OF THE CASE This case i.e. Sushila Aggarwal v. State of NCT of Delhi arises from the final judgment and order in Neetu Aggarwal v. State , the case pertains to the year 2012, and brief facts of the case was that the Petitioner i.e. Neetu Aggarwal being the second wife of... Continue Reading →
COMPETITION COMMISSION OF INDIA v. BHARTI AIRTEL
INTRODUCTION A two-judge bench of The Supreme Court of India (‘SC’), on 5th December, 2018 res olved the conflict of jurisdiction between Competition Commission of India (‘CCI’) a ndTRAI and the interplay of roles of the two regulators. CCI is a sector-agnostic regul ator authorised to “promote and sustain competition in markets of India”. Whereas, T RAI is sector... Continue Reading →
MADRAS BAR ASSOCIATION V. UNION OF INDIA & ANR
CITATION - 2020 (13) SCALE 443 JUDGES 1. Justices L Nageswara Rao, 2. S Ravindra Bhat, and 3. Hemant Gupta INTRODUCTION The President of India on 4th April 2021 promulgated an Ordinance, on the recommendations of the Central Government, while exercising its powers under Article 123 of the Indian Constitution because, even though the bill was tabled in the Lok Sabha... Continue Reading →
Ssangyong Engineering And Construction Company Ltd vs National Highways Authority Of India
CITATION - [2019] 7 SCR 522 FACTS The dispute arose out of a contract between the parties for construction of a four-lane bypass on a National Highway in the State of Madhya Pradesh. The appellant, Ssangyong Engineering, was to be compensated under the contract for inflation in prices of components to be used in construction of the highway.... Continue Reading →
COMMITTEE OF CREDITORS OF ESSAR STEEL INDIA LIMITED THROUGH AUTHORISED SIGNATORY V. SATISH KUMAR GUPTA AND ORS
CITATION - (2020) 8 SCC 531 INTRODUCTION The Essar Steel Case is a landmark judgment in the arena of Insolvency & Bankruptcy Law, which decided the supremacy of the financial creditors in the Committee of Creditors in cases of distribution of claims. It is one of the oldest cases going under the IBC process which lasted for approximately... Continue Reading →
CENTRAL PUBLIC INFORMATION OFFICER SUPREME COURT OF INDIA V. SUBHASH CHANDRA AGRAWAL
CITATION - (2020) 5 SCC 481 FACTS In this case, three appeals were filed which arose from three applications filed by the respondent, Subhash Chandra Agarwal before the Central Public Information Officer (CPIO) of the Supreme Court of India Subhash Chandra Agarwal himself filed a Right to Information Application to CPIO of the Supreme Court of India to... Continue Reading →
JARNAIL SINGH V. LACHHMI NARAIN GUPTA
JUDGES 1. Former Chief Justice of India Dipak Misra, 2. Justice Kurian Joseph, 3. Justice RF Nariman, 4. Justice SK Kaul and 5. Justice Indu Malhotra. ISSUES Whether the Nagraj Judgement needed reconsideration by a seven-judge bench? The second issue questioned whether the States had to collect quantifiable data to prove the backwardness and inadequacy of... Continue Reading →
ROJER MATHEW V. SOUTH INDIAN BANK LTD. AND ORS.
FACTS 1. This case was a combined hearing by the Hon’ble Supreme Court. The constitutionality of Part XIV of the Finance Act, 2017, and of the rules framed in consonance of section 184 of the Finance Act was constitutionally challenged before the court. Part XIV of the Finance Act 2017 gave sweeping powers to the Union Government to... Continue Reading →
Swiss Ribbons Pvt. Ltd. V. Union of India
CITATION - [2019] 3 SCR 535 Swiss Ribbons Pvt Ltd. vs Union of India deals with the constitutional validity of the various existing provisions in the Insolvency and Bankruptcy Code, 2016 (hereinafter IBC Code). The case has been finally decided by the Supreme Court on 25 January 2019. Since the enactment of the IBC Code, it is continuously... Continue Reading →
DEFINITION OF DOMESTIC VIOLENCE UNDER DOMESTIC VIOLENCE ACT
Domestic violence against women is not commonplace in Indian society. Many women encounter it throughout their lives, and the majority of them are so used to it that they don't even report it. However, it is impossible to deny that many people continue to endure domestic abuse. This regulation is nicely positioned in the Indian... Continue Reading →
LAWS AGAINST CHILD ABUSE
Child abuse and neglect endanger the security and well-being of sure youngsters across the country daily. Effective intervention within the lives of those youngsters and their families may be a shared communal concern, not the distinctive duty of any single organization or skilled cluster.Every year, up to at least one billion youngsters area unit victims of physical,... Continue Reading →
EUTHANASIA:: STILL A LONG JOURNEY FOR INDIA
INTRODUCTION Euthanasia is described as the intentional termination of a person's life in order to alleviate his or her suffering. It is sometimes referred to as 'Mercy Killing.' According to this approach, the person who is terminally ill or injured, or any other person acting on his behalf, chooses death for himself. Physicians use euthanasia... Continue Reading →
CONCEPT OF BAIL IN INDIA
BAIL The term ‘bail’ is originated from an old French verb ‘bailer’ which means ‘to give’ or ‘to deliver’. Bail refers to the provisional release of the accused in a criminal case in which the court is yet to announce the judgment. The term ‘bail’ means the security that is deposited in order to secure... Continue Reading →
CONCEPT OF ARREST IN INDIA
ARREST An arrest occurs when a person is apprehended and taken into custody (legal protection or control), usually because they are suspected of or seen committing a crime. The person can be interrogated and/or charged after being taken into custody. In the criminal justice system, an arrest is a procedure. INTRODUCTION The term "arrest" is... Continue Reading →
INVESTIGATION
“Investigation” means “to systematically examine, study, or inquire into; search or examine into the particulars of; examine in detail, or, to search out and examine the particulars of in an attempt to learn the facts about something hidden, unique, or complex, especially in an attempt to find a motive, cause, or to find things.” According... Continue Reading →
SHOULD WE HAVE RESERVATIONS FOR WOMEN
INTRODUCTION The idea of reservation policies is not a new one. It has been raised from time to time by numerous specialised organisations that believe that by obtaining a reservation, they would be able to get representation for their class; nonetheless, it must be remembered that reservation and representation are two distinct phenomena. Many people... Continue Reading →
CONCEPT OF REMAND IN INDIA
REMAND Remand, also known as pre-trial detention, preventive detention, or provisional detention, is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a prison or detention centre or held under house arrest. Varying terminology is used, but "remand" is generally used in common... Continue Reading →
LAWS RELATING TO ANIMAL RIGHTS
Many people believe that India does not have robust animal conservation legislation. On the contrary, we have some of the most rigorous wildlife and habitat protection laws in the world. It is critical that all conservationists get acquainted with these rules in order to participate effectively. Before any conservation measures can be made in any... Continue Reading →