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 […]
SC: Woman’s right of residence in shared household can’t be defeated by eviction order under Senior Citizens Act
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 […]
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:Court has a bounden constitutional obligation to ensure that investigation is conducted in accordance with law
The Hon’ble Supreme Court on 14.12.2020, in the matter of Amar Nath Chaubey v. Union of India and Others pronounced that once the conscience of the court is satisfied, from the materials on record, that the police has not investigated properly or apparently is remiss in the investigation, the court has a bounden constitutional obligation to […]
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, […]