"public servant placed on a different pedestal..."

Read Judgment In LawLens

Insolvency and Bankruptcy Code 2016 - Section 7 - The liability of the principal borrower and surety is coextensive- IBC permits separate or simultaneous proceedings to be initiated under Section 7 by a financial creditor against…

Summary: The Supreme Court of India, taking suo motu cognizance of an NCERT Class 8 Social Science textbook chapter titled “The Role of the Judiciary in our Society” with a sub‑topic on “Corruption in the Judiciary”, found that the text appeared to present…

Read Judgment In LawLens



Transfer of Property Act - Section 108 ; Indian Easements Act  - Section 52 - Lease and License -1) To ascertain whether a document creates a licence or lease, the substance of the document must be preferred to the form; (2) the…

Read Judgment In LawLens



Constitution of India - Article 14,15,21- Exclusion and Under-representation of Women Prisoners from Open Correctional Institutions (OCIs) - The exclusion of women from OCIs, or failure to transfer them despite being eligible for…

"Commercial wisdom of the CoC enjoys primacy and cannot be supplanted by judicial review.."

Arbitration and Conciliation Act, 1996 - Section 31 - Post/Pre Award Interest

Read Judgment In LawLens



Indian Evidence Act 1872 - Section 92,94 -Ordinarily, when a contract is reduced to writing, its terms must be determined from the document itself. However, this rule does not put an embargo on looking into such facts which (i)…

Note











You can read our notes on this judgment in our Supreme Court Daily Digests. If you are our subscriber, you should get it in our Whatsapp CaseCiter Community at about 9pm on every working day. If you are not our subscriber yet, you can register…

Read Judgment In LawLens



Employees’ Compensation Act, 1923 - Section 4A- In this case, the High Court imposed the liability of paying the penalty component under Section 4A(3)(b) of the Employees’ Compensation Act, 1923 upon the Insurance Company in addition…

Read Judgment In LawLens



Contempt of Court -How third-parties/non-parties to the original proceedings can also be proceeded against for contempt? A party, once becomes or is made aware of an Order of this Court, if yet acts in wilful default or deliberate…

Read Judgment In LawLens



Code of Civil Procedure 1908 - Order XLI Rule 27 - The appellate court’s inquiry, while considering an application for leading additional evidence, is confined to examining whether such evidence is necessary to remove a lacuna…

Read Judgment In LawLens

Summary: The Supreme Court holds that clinically assisted nutrition and hydration (CANH) delivered via a PEG tube constitutes medical treatment, not mere basic care, and that it can lawfully be withheld or withdrawn under the pa…

Overzealous investigation is as fatal to prosecution as are the lethargic and the tardy

Read Judgment In LawLens



Arbitration and Conciliation Act 1996 - Section 4,16,34,37 - Statutory waiver under Section 4 would attract in case an objection under Section 16 challenging the composition of tribunal and lack of jurisdiction is not filed prior…

"While caste may be an indicator of historical disadvantage, it cannot be treated as the sole determinant of backwardness. "

"There is no inflexible rule of discarding the testimony of the persons in the raiding party, unless independent corroboration is available."

Read Judgment In LawLens



Constitution of India - Article 311(2),226- Despite the use of the words “this clause shall not apply” in the second proviso, it shall not make power of Article 311(2) inapplicable. In fact, second proviso to Article 311 is an…

For relief to be granted in a writ petition under Article 32, a case must be made out establishing the existence of a fundamental right and its breach, actual or threatened.

"It would have been natural for the prosecutrix to disclose the incident to her family members after some time and not to somebody who is unknown to her and as such it is very difficult to accept the version of the prosecutrix. "

"The principle of finality attached to court-confirmed auction sales cannot operate to shield the process from judicial examination where the question relates to the adequacy of valuation or fixation of reserve price...."