The Hon’ble Supreme Court, on 15.12.2020, in the matter of Smt. S Vanitha v. Thee Deputy Commissioner Bengaluru Urban District & Ors. pronounced that the right of a woman to secure a residence order in respect of a shared household cannot be defeated by the simple expedient of securing an order of eviction by adopting […]
Category: Judgements/Orders
SC: No medical practitioner can claim that it can cure COVID-19
The Hon’ble Supreme Court, on 15.12.2020, in the matter of DR. AKB Sadbhavana Mission School Of Homeo Pharmacy v. The Secretary, Ministry Of Ayush & Ors. pronounced that there is no occasion for Homeopathic medical practitioners to advertise that they are competent to cure COVID-19 disease. No medical practitioner can claim that it can cure […]
SC: Definition of “person” in Competition Act, 2002 is extremely wide
The Hon’ble Supreme Court, on 15.12.2020, in the matter of Samir Agrawal v. Competition Commission of India & Ors. pronounced that definition of “person” in section 2(l) of the Competition Act, 2002 is an inclusive one and is extremely wide, including individuals of all kinds and every artificial juridical person. The Hon’ble Supreme Court observed […]
SC: Arbitral tribunal is preferred first authority to determine non-arbitrability
The Hon’ble Supreme Court, on 14.12.2020, in the matter of Vidya Drolia and Others v. Durga Trading Corporation pronounced that the arbitral tribunal is the preferred first authority to determine and decide all questions of non-arbitrability. Rarely as a demurrer the court may interfere at the Section 8 or 11 stage when it is manifestly […]
SC: Parliament can make law declaring any stretch/section to be a national highway
The Hon’ble Supreme Court, on 08.12.2020, in the matter of The Project Director, Project Implementation Unit v. P.V. Krishnamoorthy & Ors. observed that there is nothing in the Constitution which constricts the power of the Parliament to make a law for declaring any stretch/section within the State not being a road or an existing highway, […]
SC: Courts are free to determine whether independent conviction is possible in case group prosecution under Section 149 IPC fails
The Hon’ble Supreme Court. on 10.12.2020, in the matter of Rohtas & Anr. v. State of Haryana held that courts are free to weigh the evidence and determine whether an independent conviction is possible in case group prosecution under Section 149 IPC fails. Questions before the Hon’ble Supreme Court Whether a charge framed with the […]
SC: Court must defer to the understanding of clauses in tender documents by the author thereof
The Hon’ble Suprreme Court, on 08.12.2020, in the matter of The State of Madhya Pradesh & Anr. v. U.P. State Bridge Corporation Ltd. & Anr. held that court must defer to the understanding of clauses in tender documents by the author thereof unless, pithily put, there is perversity in the author’s construction of the documents […]