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Home Archive by category "Legal Updates"

Supreme Court grants anticipatory bail to Police Constable in a Destruction of Property and Dacoity case.

By Raghvendra Singh Raghuvanshi | Legal Updates | 0 comment | 13 June, 2023 | 0

Supreme Court considered the fact of inordinate delay of 3 years in filing the FIR. Supreme Court: In a Criminal Appeal under Article 136 of Constitution of India against the judgment and final order passed by Allahabad High Court on 28-2-2023 rejecting anticipatory bail of the petitioner for offences under Sections 448, 452, 427, 323,Read more

Irretrievable breakdown of marriage | Supreme Court invokes Article 142 of the Constitution to grant mutual consent divorce.

By Raghvendra Singh Raghuvanshi | Legal Updates | 0 comment | 13 June, 2023 | 0

This ruling is significant in the light of the judgment dated 01-05-2023, wherein the Constitution Bench had held that the Supreme Court has the power to dissolve a marriage on the ground of irretrievable breakdown under Article 142(1) of the Constitution of India. Supreme Court: When a woman approached the Supreme Court seeking transfer ofRead more

Supreme Court grants interim relief to homebuyers for deferred payment of EMIs till possession of homes.

By Raghvendra Singh Raghuvanshi | Legal Updates | 0 comment | 13 June, 2023 | 0

The Court granted interim relief to the homebuyers viewing the interim protection granted by the Delhi High Court vide order dated 25-05-2022.   Supreme Court: In a petition against the Judgment and Order of the High Court of Delhi, wherein the relief to the homebuyers/ petitioners for deferment of payment of Equated Monthly Instalment (‘EMIs’)Read more

Rajasthan Civil Judge Recruitment| SC delivers Split verdict on considering candidature of OBC-EWS candidates despite belated submission of category certificates

By Raghvendra Singh Raghuvanshi | Legal Updates | 0 comment | 13 June, 2023 | 0

Justice Ajay Rastogi and Bela M. Trivedi delivered their split verdicts while examining the challenge raised against the Judgment of Rajasthan High Court, dismissing the appeals of the qualified candidates of OBC, EWS category.   Supreme Court: In a batch of civil appeals filed by members of OBC, EWS, qualifying the selection process held forRead more

Seeking appointment of Arbitrator beyond three years is barred by limitation: Supreme Court reiterates.

By Raghvendra Singh Raghuvanshi | Legal Updates | 0 comment | 13 June, 2023 | 0

Supreme Court said that whether any particular facts constitute a cause of action has to be determined with reference to the facts of each case and with reference to the substance, rather than the form of the action. If an infringement of a right happens at a particular time, the whole cause of action willRead more

Yearly Round-up 2021| Supreme Court Constitution Bench

By Raghvendra Singh Raghuvanshi | Legal Updates | 0 comment | 9 June, 2023 | 0

Unlike the year 2020, the Supreme Court Constitution Bench has functioned limitedly in the year 2021, with the number of judgments delivered by the Constitution Bench being three. As we bid adieu to the year 2021, here is a brief recap of all the developments advanced by the Constitution Bench of Supreme Court: ————————————————————————————————————————————————-  Read more

Explained| Supreme Court judgment on Electricity Act 2003: Duty to supply electricity, Subsequent versus previous occupier, Recovery of arrears, and more

By Raghvendra Singh Raghuvanshi | Legal Updates | 0 comment | 9 June, 2023 | 0

The ruling came in a batch of cases where new owners of properties, purchased in auction sales, have been denied electricity connections due to the previous owners’ failure to pay their electricity dues. Supreme Court: The 3-judge bench of Dr DY Chandrachud*, CJI and Hima Kohli and PS Narasimha, JJ has held thar the dutyRead more

SC Constitution Bench| Binding nature of a judgment depends on the Bench Strength and not the numerical strength of the Judges taking majority view

By Raghvendra Singh Raghuvanshi | Legal Updates | 0 comment | 9 June, 2023 | 0

Supreme Court: Explaining the doctrine of precedents, the 5-judge Constitution Bench of Indira Banerjee*, Hemant Gupta*, Surya Kant, MM Sundresh and Sudhanshu Dhulia, JJ has held that the numerical strength of the Judges taking a particular view is not relevant, but the Bench strength is determinative of the binding nature of the Judgment. The CourtRead more

In absence of complainant’s direct evidence of bribe, presumption of Public Servant’s guilt can be drawn based on other evidence; holds SC Constitution Bench

By Raghvendra Singh Raghuvanshi | Legal Updates | 0 comment | 9 June, 2023 | 0

The Constitution Bench of SA Nazeer, BR Gavai, AS Bopanna, V Ramasubramanian and BV Nagarathna, JJ has observed that the trial does not abate nor does it result in an order of acquittal of the accused public servant if the complainant turns ‘hostile’, or has died or is unavailable to let in his evidence.  Read more

Supreme Court upholds validity of Tamil Nadu Highways Act, 2001

Supreme Court upholds validity of Tamil Nadu Highways Act, 2001

By Raghvendra Singh Raghuvanshi | Legal Updates | 0 comment | 8 June, 2023 | 0

The Supreme discussed the very foundation of Article 254(2) of the Constitution and commented that comparing two legislations of State and Centre would be akin to comparing chalk and cheese, i.e., two essentially unequal entities. Supreme Court: In a batch of Civil Writ Petitions challenging the validity of Tamil Nadu Highways Act, 2001 on theRead more

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Recent Posts

  • Empowering Justice: The Significance of Writs in Safeguarding Fundamental Rights in India
  • Supreme Court grants anticipatory bail to Police Constable in a Destruction of Property and Dacoity case.
  • Irretrievable breakdown of marriage | Supreme Court invokes Article 142 of the Constitution to grant mutual consent divorce.
  • Supreme Court grants interim relief to homebuyers for deferred payment of EMIs till possession of homes.
  • Rajasthan Civil Judge Recruitment| SC delivers Split verdict on considering candidature of OBC-EWS candidates despite belated submission of category certificates

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