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Jurisdiction of State Investigating Agency For Scheduled Offences Under NIA Act

Introduction: This Judgement clarifies the jurisdiction of the State Investigating Agency to investigate, remand, and commit a case for trial relating to the scheduled offenses under the National Investigation Agency (NIA) Act. Brief Facts of the Case: Contentions of the Appellants: The Appellant claimed that the  State Investigating Agency divested its jurisdiction and breached the […]

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How would Order XXI Rule 16 of CPC affect the provisions of Section 146?

Court Name:  The Supreme Court of  India Judgment Name: Vaishno Devi Constructions v The Union of India Judgment Date: October 21st, 2021 Judges/Bench: J. Sanjay  Kishan Kaul and J. B. R. Gavai. Introduction: The judgment mentioned here is an appeal from the state high court, where the parties have entered into a contract for the

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Right of Arbitration to Interpret the conditions of the contract

Court Name: The Supreme court of India Judgment Name: Garg Builders v. Bharat Heavy Electricals Ltd. Judgment Date: 4th October 2021 Judges/ Bench: J. Abdul Nazeer, J. Krishna Murari. Introduction: Brief Facts of the Case: Contentions of the respondent: The respondent challenged the said award before the Delhi High Court in O.M.P. (COMM.) 28/2017 under

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Public policy and Enforcement of Foreign Arbitral Awards in India

“Public policy is never argued at all but when other points fail.” –Burrough J. The above phrase exemplifies the elusive character of ‘public policy’ in legal processes that rely on its existence in statutes, conventions, and legal systems. The 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) is

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Whether the sentence for the offense of culpable homicide can be modified due to the circumstances of the case?

Court: The Supreme court Of India Case: Mohd. Rafiq @ Kallu vs. The State of Madhya Pradesh CRIMINAL APPELLATE JURISDICTION CRIMINAL [APPEAL NO.856 of 2021] Judgment Date – September 15, 2021 Bench: Justices S. Ravindra Bhat and K.M. Joseph Brief facts of the Case – Contentions of the Appellant/s Contentions of the Respondent/s Principles and

Whether the sentence for the offense of culpable homicide can be modified due to the circumstances of the case? Read More »

Employer’s right to terminate an employee for non-disclosure of material facts

Court: Supreme Court of India Judgment Name: Rajasthan Rajya Vidyut Prasaran Nigam Limited v. Anil Kanwariya Judgment Date: 17.09.2021 Bench: MR Shah and AS Bopanna Brief Facts of the case: Issues in the Case: Appellant’s submissions: The appellant’s counsel has urged that the previous courts have solely relied on the Avtar Singh v. Union of

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Compromise between the accused and the complainant cannot be the primary mitigating element in the sentencing

Court Name: Supreme court of India Criminal Appeal No(s). 1039 of 2021 Judgment name: Bhagwan Narayan Gaikwad vs. the State of Maharashtra Judgment Date: September 20, 2021 Bench: Justices Ajay Rastogi and Abhay S Oka Introduction In this case, the accusation against the appellant was that on December 13, 1993, he assaulted the victim with

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Whether Supreme Court can hear a case only to appoint an arbitrator?

Court Name-   Supreme Court of India Judgment Name- Arbitration Petition (Civil) No. 17 Of 2020 with Arbitration Petition (Civil) No. 16 Of 2020 Judgment Date- 22nd Sept 2021 Bench- CJI. N.V. Ramana And Justice (Surya Kant) Petitioner- DLF Home Developers Limited Respondent– Rajapura Homes Private Limited & Anr. Introduction- In the present case, the petitioners

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“Commercial competitiveness obvious in matters of commercial tenders”: SC on the limited scope of tender jurisdiction

Court– Supreme Court of India Judgement Name – Uflex Ltd v. Govt. of Tamil Nadu & Ors. (Civil Appeal No. 4862-4863 Of 2021) Judgement date – 17 Sept 2021 Judges– J. Sanjay Kishan Kaul and J. Hrishikesh Roy Introduction –  Thousands of tenders are challenged without weighing the commercial interests and consequences that the economy

“Commercial competitiveness obvious in matters of commercial tenders”: SC on the limited scope of tender jurisdiction Read More »

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