ENGINEERING PROJECTS INDIA LIMITED

                   v.
MSA GLOBAL LLC (OMAN)
               2025

Topic: Anti Arbitration Injunction

Relied on

O.N.G.C. v. Western Co. of North America, 1987

AND HELD

Thus, the aforesaid decision categorically lays down a precedent for restraining a party from proceeding before a foreign-seated arbitral  proceeding, provided the case is of such gravity that it warrants such extraordinary interference. It equally settles that such a restraining order could be passed by the High Court as well and Section 41(b) of the Specific Relief Act, 1963 would have no bearing on this power of the High Court. No doubt, the case indicates that such a remedy is to be provided in extraordinary and rare situations wherein the denial of this relief would effectively result into a patently unjust and unconscionable outcome for the plaintiff.

Dabhol Power Company

Court held that neither Section 5 nor Section 45 of the 1996 Act ousts the jurisdiction of this Court from issuing an injunction if it finds that the arbitral proceedings against the plaintiff in a foreign country are oppressive and call for interference.

#Arbitration@CurrentLegalGK

Satendra Kumar Antil v. CBI
[July 2025]
Reiterated January 2025 Order which reaffirmed 2022 order and Delhi High Court guidelines in
Rakesh Kumar v. Vijayanta

No whatsapp/email notices under 35 BNSS/41A CrPC

Why no electronic mode in section 35 BNSS?

Section 35 has substantive element in it i.e. the liberty of an individual is involved (when there is non compliance of notice) and personal liberty is a part of Article 21 of constitution.

Any attempt to interpret the provision as a mere procedural one, would amount to rewriting the provision itself.

The Legislature, in its wisdom, has specifically excluded the service of a notice under Section 35 of the BNSS, 2023 from the ambit of procedures permissible through electronic communication, that have been delineated under Section 530 of the BNSS, 2023.

#BNSS@CurrentLegalGK

AI on trial , discussion on the book on the subject AI and law.

https://youtu.be/vx_OoNQWpHE?feature=shared

National-Strategy-for-Artificial-Intelligence. NITI AYOG

Global all country AI law tracker as of june 2025.


https://iapp.org/resources/article/global-ai-legislation-tracker/?utm_source=perplexity

artificial intelligence
#AI@CurrentLegalGK

Presidential References In India: A Rich Past, A Fraught Present
https://www.livelaw.in/articles/supreme-court-judgment-tamilnadu-governor-case-presidential-reference-critical-analysis-299415

😉😎 3 Pertinent Questions to be answered by you all in the comments 👇

1. Whether SC is bound to give opinion?

2. Whether opinion given under Article 143 is a law under Article 141?

3. Whether SC can overturn or even elaborate or change a judgment using Article 143.

Read more:
https://t.me/CurrentLegalGK/5862

#COI@CurrentLegalGK

FACTS: Where a complainant had simultaneously pursued a civil suit for specific performance of a property agreement while lodging an FIR alleging cheating (Section 420 IPC) and criminal breach of trust (Section 406 IPC) against the landowners.

LAW: “In the absence of the element of criminality, if both civil and criminal cases are allowed to continue, it will definitely amount to abuse of the process of the Court, which the Courts have always tried to prevent by putting a stop to any such criminal proceeding, where civil proceedings have already been instituted with regard to the same issue, and the element of criminality is absent. If such element is absent, the prosecution in question would have to be quashed.”, the court observed.

HELD: Quashed criminal proceedings.

S.N. VIJAYALAKSHMI
v.
STATE OF KARNATAKA
[2025 SC]

#BNSS@CurrentLegalGK

Supreme Court Urges Parliament To Revisit Provisions Allowing Speakers To Decide Disqualification Under Anti-Defection Law
https://www.livelaw.in/supreme-court/supreme-court-urges-parliament-to-revisit-provisions-allowing-speakers-to-decide-disqualification-under-anti-defection-law-299422

Important for Anti defection law

10th schedule and speakers power.
PADI KAUSHIK REDDY
v.
TELANGANA
2025

"Though we do not possess any advisory jurisdiction, it is for the Parliament to consider whether the mechanism of entrusting the Speaker/Chairman with the important task of deciding the issue of disqualification on the ground of defection is serving the purpose of effectively combating political defections or not. If the very foundation of our democracy and the principles that sustain it are to be safeguarded, it is to be examined whether the present mechanism is sufficient or not. At the cost of repetition, we observe that it is for the Parliament to take a call on that."

Even a tribunal instead of speaker was suggested in 2020 case of Keisham Meghachandra Singh.

#COI@CurrentLegalGK

The Hindu Succession Act में उत्तराधिकार में संपत्ति कब नहीं मिलती है?
https://hindi.livelaw.in/know-the-law/when-property-is-not-inherited-under-hindu-succession-act-299385

#Hindi@CurrentLegalGK

Conclusions on Affidavit requirement under section 156(3), CrPC

(i) Directions issued in Priyanka Srivastava (supra) are mandatory;

(ii)  Guidelines laid down in Priyanka Srivastava (supra) operate prospectively;

(iii) Non-filing of the supporting affidavit is a curable defect, but must be cured before the Magistrate passes any substantive order on the complaint/application, and;

(iv) If the Magistrate proceeds without the requisite affidavit, such order/any consequential orders/proceedings can be quashed on the sole ground of non-compliance with Priyanka Srivastava.

S.N. VIJAYALAKSHMI
                   v.
STATE OF KARNATAKA
               [2025 SC]

#CrPC@CurrentLegalGK

There is a clear distinction between 'an Act of legislature', 'a legislative act' and 'a resolution of the House'.

UNION OF INDIA ETC.
v.
VALLURI BASAVAIAH CHAUDHARY ETC.
1979

Article 252
#COI@CurrentLegalGK

MBBS Internship: 'You Make Them Work For 18-19 Hours & Pay No Stipend?' : Supreme Court Asks Army College To Clear Arrears Of 2022 Batch
https://www.livelaw.in/top-stories/mbbs-internship-you-make-them-work-for-18-19-hours-pay-no-stipend-supreme-court-asks-army-college-to-clear-arrears-of-2022-batch-299586

Intern Association need of the hour?

Can't SC see law interns?

How many of you will encourage your younger siblings, niece, nephews to join legal profession? comment 👇

@CurrentLegalGK

New Education Policy 2020: Effects On Legal Education In India
https://www.livelaw.in/law-firms/law-firm-articles-/new-education-policy-2020-legal-education-adv-varun-singh-foresight-law-offices-law-firm-articles-299516

Why the ICJ’s advisory opinion on climate change opens the window for a new, restorative vision of environmental law in India 🔗
#explained_climate #express_explained #international_court_of_justice

Obligations of States in respect of Climate Change The Court gives its Advisory Opinion and responds

Following questions are asked by UNGA to ICJ:-

(a) What are the international legal obligations of States to protect the climate system and the environment from anthropogenic greenhouse gas emissions, in relation to both present and future generations?

(b) What legal consequences arise for States whose acts or omissions have caused environmental harm, to
 (i) States
 (ii) Peoples

Provisions of Advisory opinion:-

Article 96 UN CHARTER
“1. The General Assembly or the Security Council may request the International Court of Justice to give an advisory opinion on any legal question.
2. Other organs of the United Nations and specialized agencies, which may at any time be so authorized by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.”; AND

Article 65 to 68 Statute of ICJ


#InternationalLaw@CurrentLegalGK

What Is a Logical Fallacy? 15 Common Logical Fallacies | Grammarly
https://www.grammarly.com/blog/rhetorical-devices/logical-fallacies/

#Practice@CurrentLegalGK

Judicial Deadlock: Inseverable Liabilities And Order XXII's Ambiguities
https://www.livelaw.in/articles/judicial-deadlock-inseverable-liabilities-and-order-xxiis-ambiguities-299617

Order 22
#CPC@CurrentLegalGK

क्या अधूरी Chargesheet से पूरा आपराधिक मामला प्रभावित हो सकता है?
https://hindi.livelaw.in/know-the-law/can-an-incomplete-chargesheet-affect-the-entire-criminal-case-299721

#Hindi@CurrentLegalGK