The Hon’ble Supreme Court, on 05.01.2021, in the matter of M/s. Padia Timber Company(P) Ltd. v. The Board of Trustees of Visakhapatnam Port Trust Through its Secretary held that an acceptance with a variation is no acceptance. It is, in effect and substance, simply a counter proposal which must be accepted fully by the original […]
The Hon’ble Supreme Court, on 05.01.2021, in the matter of Deputy General Manager (Appellate Authority) and Others v. Ajai Kumar Srivastava held that power of judicial review, of the Constitutional Courts, is an evaluation of the decision-making process and not the merits of the decision itself. It is to ensure fairness in treatment and not […]
The Hon’ble Supreme Court, on 17.12.2020, in the matter of Dr. Naresh Kumar Mangla v. Smt. Anita Agarwal & Ors. Etc. observed that the setting aside of an “unjustified, illegal or perverse order” granting bail is distinct from the cancellation of bail on the ground of the supervening misconduct of the accused or because some […]
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 […]
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 […]
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 […]
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 […]
