The Hon’ble Supreme Court, on 05.01.2021, in the matter of M/s. Padia Timber Company(P) Ltd. v. The Board of Trustees of Visakhapatnam Port Trust Through its Secretary held that an acceptance with a variation is no acceptance. It is, in effect and substance, simply a counter proposal which must be accepted fully by the original […] The post SC: An acceptance of contract with a variation is no acceptance appeared first on Law Bulls ..read more

The Hon’ble Supreme Court, on 05.01.2021, in the matter of Deputy General Manager (Appellate Authority) and Others v. Ajai Kumar Srivastava held that power of judicial review, of the Constitutional Courts, is an evaluation of the decision-­making process and not the merits of the decision itself. It is to ensure fairness in treatment and not […] The post SC: Judicial review is to ensure fairness in treatment not fairness of conclusion appeared first on Law Bulls ..read more

The Hon’ble Supreme Court, on 17.12.2020, in the matter of Dr. Naresh Kumar Mangla v. Smt. Anita Agarwal & Ors. Etc. observed that the setting aside of an “unjustified, illegal or perverse order” granting bail is distinct from the cancellation of bail on the ground of the supervening misconduct of the accused or because some […] The post SC: Setting aside a perverse bail order is distinct from cancellation appeared first on Law Bulls ..read more

The Hon’ble Supreme Court, on 15.12.2020, in the matter of Smt. S Vanitha v. Thee Deputy Commissioner Bengaluru Urban District & Ors. pronounced that the right of a woman to secure a residence order in respect of a shared household cannot be defeated by the simple expedient of securing an order of eviction by adopting […] The post SC: Woman’s right of residence in shared household can’t be defeated by eviction order under Senior Citizens Act appeared first on Law Bulls ..read more

The Hon’ble Supreme Court, on 15.12.2020, in the matter of DR. AKB Sadbhavana Mission School Of Homeo Pharmacy v. The Secretary, Ministry Of Ayush & Ors. pronounced that there is no occasion for Homeopathic medical practitioners to advertise that they are competent to cure COVID-19 disease. No medical practitioner can claim that it can cure […] The post SC: No medical practitioner can claim that it can cure COVID-19 appeared first on Law Bulls ..read more

The Hon’ble Supreme Court, on 15.12.2020, in the matter of Samir Agrawal v. Competition Commission of India & Ors. pronounced that definition of “person” in section 2(l) of the Competition Act, 2002 is an inclusive one and is extremely wide, including individuals of all kinds and every artificial juridical person. The Hon’ble Supreme Court observed […] The post SC: Definition of “person” in Competition Act, 2002 is extremely wide appeared first on Law Bulls ..read more

The Hon’ble Supreme Court, on 14.12.2020, in the matter of Vidya Drolia and Others v. Durga Trading Corporation pronounced that the arbitral tribunal is the preferred first authority to determine and decide all questions of non-arbitrability. Rarely as a demurrer the court may interfere at the Section 8 or 11 stage when it is manifestly […] The post SC: Arbitral tribunal is preferred first authority to determine non-arbitrability appeared first on Law Bulls ..read more

The Hon’ble Supreme Court on 14.12.2020, in the matter of Amar Nath Chaubey v. Union of India and Others pronounced that once the conscience of the court is satisfied, from the materials on record, that the police has not investigated properly or apparently is remiss in the investigation, the court has a bounden constitutional obligation to […] The post SC:Court has a bounden constitutional obligation to ensure that investigation is conducted in accordance with law appeared first on Law Bulls ..read more

The Hon’ble Supreme Court, on 08.12.2020, in the matter of The Project Director, Project Implementation Unit v. P.V. Krishnamoorthy & Ors. observed that there is nothing in the Constitution which constricts the power of the Parliament to make a law for declaring any stretch/section within the State not being a road or an existing highway, […] The post SC: Parliament can make law declaring any stretch/section to be a national highway appeared first on Law Bulls ..read more

The Hon’ble Supreme Court. on 10.12.2020, in the matter of Rohtas & Anr.  v. State of Haryana held that courts are free to weigh the evidence and determine whether an independent conviction is possible in case group prosecution under Section 149 IPC fails. Questions before the Hon’ble Supreme Court Whether a charge framed with the […] The post SC: Courts are free to determine whether independent conviction is possible in case group prosecution under Section 149 IPC fails appeared first on Law Bulls ..read more