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Supreme Court

Supreme Court Dismisses Premature Release Petition of Life Convict in Dacoity and Murder Case — Holds That Conviction Under Unconstitutional Arms Act Provision Does Not Automatically Entitle Release, and That State's Rejection of Earlier Representation Was Valid

25 Apr 2019

The petitioner, Rajan, a Sri Lankan refugee, was convicted for dacoity, murder (3 counts), attempt to murder (4 counts), and arms offences in connecti...

Supreme Court

Supreme Court Upholds Enhanced Compensation in Motor Accident Claim — Ex Gratia Payment Not Deductible. High Court's award of Rs. 48,00,000 with 7.5% interest held just; no interference required.

23 Apr 2019

The case arises from a vehicular accident on 30.12.1995 where Shri Rajpal Singh Johal died after an oil tanker rammed into his car. Two claim petition...

Supreme Court

Supreme Court Commutes Death Sentence to Life Imprisonment for Mentally Ill Accused in Rape and Murder Case — Non-Compliance with Section 235(2) CrPC and Supervening Mental Illness Considered

12 Apr 2019

The Supreme Court of India heard a review petition filed by an accused (referred to as 'Accused X') against his conviction and death sentence for the ...

Supreme Court

Supreme Court Acquits Accused in Rape Case Based on False Promise of Marriage — Consent Obtained on Misconception of Fact Not Established Beyond Reasonable Doubt. The court held that a mere breach of promise to marry does not constitute rape under Section 375 IPC unless the promise was false from the inception and the accused had no intention to marry at the time of the act.

10 Apr 2019

The Supreme Court allowed the appeal of Anurag Soni, the original accused, against his conviction under Section 376(1) IPC for rape based on a false p...

Supreme Court

Supreme Court Allows Wife's Appeal in Child Custody Dispute, Sets Aside High Court Orders Compelling Child to Boarding School. Welfare of Child Paramount: Child's Wish to Continue in Local School Upheld; Mother Not in Contempt.

5 Apr 2019

The appellant-wife and respondent-husband married in 2006 and had a son in 2009. In 2012, the husband filed for divorce under Section 13(1)(ia)(iii) o...

Supreme Court

Supreme Court Upholds Constitutional Validity of Sections 35AA and 35AB of Banking Regulation Act, 1949 and RBI Circular on Stressed Assets Resolution. The Court held that the RBI circular dated 12.02.2018 is valid and not arbitrary, and that the requirement of 100% lender consent for restructuring and mandatory IBC reference for large accounts is within RBI's powers.

2 Apr 2019

The present batch of petitions and transferred cases challenged the constitutional validity of Sections 35AA and 35AB of the Banking Regulation Act, 1...

Supreme Court

Supreme Court Allows Appeal in Tender Blacklisting Dispute — Non-Disclosure of Show Cause Notice Not a Violation of Declaration Clause. Court holds that a show cause notice does not amount to blacklisting and that the declaration format only required disclosure of actual blacklisting, not pending proceedings.

1 Apr 2019

The case involves a tender floated by Hindustan Petroleum Corporation Limited (HPCL) for setting up call centres. Caretel Infotech Ltd. participated a...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that pre-amended provisions of the Arbitration and Conciliation Act, 1996 apply to arbitration requests received before 23rd October, 2015, and the High Court must respect the agreed appointment procedure.

29 Mar 2019

The Supreme Court considered a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6)...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — Pre-Amendment Act Applies; No Claim Certificate Does Not Bar Arbitration; Mutually Agreed Procedure Must Be Respected

29 Mar 2019

The Supreme Court heard a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6) of t...

Supreme Court

Supreme Court Allows Appeals in Arbitration Appointment Dispute — High Court Erred in Applying Amended Act and Appointing Independent Arbitrator Without Adhering to Mutually Agreed Procedure. The Court held that where requests for arbitration were made before the Amendment Act, 2015 came into force, the pre-amended provisions apply, and the High Court must respect the agreed procedure for appointment of arbitrator under Clause 64(3) of GCC.

29 Mar 2019

The Supreme Court considered a batch of appeals arising from orders of the Rajasthan High Court appointing independent arbitrators under Section 11(6)...

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