January 20, 2021

Supreme Court opines that the ground that allegations of fraud are not arbitrable as a wholly archaic view, deserves to be discarded

A three-Judge Bench of the Supreme Court comprising of Justice Dr. DY Chandrachud, Justice Indu Malhotra, and Justice Indira Banerjee in the case of M/s. N.N. Global Mercantile Pvt. Ltd. v.  M/s. Indo Unique Flame Ltd. & Others, in the exercise of its civil appellate jurisdiction, has held that the ground- that allegations of fraud are not arbitrable as a wholly archaic view, which has become obsolete and deserves to be discarded. The Bench observed while holding rightly that the allegations of fraud concerning the invocation of the Bank Guarantee are arbitrable since it arises out of disputes between parties inter-se and is not in the realm of […]
January 20, 2021

Petitions filed in Supreme Court for seeking direction for Contempt of Court proceedings against RBI Governor, others

Several pleas had been filed before the Hon’ble Supreme Court seeking its direction for initiation of Contempt of Court proceedings & punishing Reserve Bank of India Governor Shaktikanta Das, & others for allegedly &willfully violating the Supreme Court’s the order/directions of September 3, 2020. The Supreme Court had passed the order on the loan moratorium case in Sept 2020 & said those accounts that have not been declared non-performing assets (NPAs) as of Aug 31, 2020, cannot be declared as such until further notice. The petitioners — Gorakh Pandurang Nawade, Suryakant Prabhakar Pawar, Pritam Sengupta, & Shanti Jewellers — had filed their respective […]
January 20, 2021

High Court stated that no appellate body over State Legislature’, HC dismisses challenge to the election of Deputy Chairperson of Legislative Council

Last week, the Bombay High Court ruled its restrictions in power presided under ‘judicial review’ stating that Article 212 of the Constitution expressly prohibited Courts from inquiring into the proceedings of the State Legislature due to irregularity of procedure. The Court while refusing to intervene in the election of the Deputy Chairperson of Maharashtra Legislative Council, Dr. Neelam Divakar Gorhe, observed that the High Court is not an appellate body over the State Legislature. It stated: “While the High Court, in restricted circumstances, can exercise its power of judicial review to ensure that there is no abuse of power by the Legislature in respect […]
January 14, 2021

Supreme Court reaffirms the acceptance of a contract after putting in a new condition is no acceptance but only a counter-proposal

The Supreme Court expounds that acceptance of a contract with a variation is no acceptance but is simply a ‘counter-proposal’ which must be accepted fully by the original proposer before a contract can be said to have concluded between the parties. (M/s. Padia Timber Company(P) Ltd. vs. Board of Trustees of Visakhapatnam Port Trust) The judgment rendered by a Bench comprising of Justices Navin Sinha and Indira Banerjee came in an appeal by Padia Timber Company (Padia/ appellant) against an order of the High Court of Judicature at Hyderabad. The Court ruled in favor of Padia holding that the appellant […]
January 14, 2021

Allahabad High Court clearly stated that Encroachment on public lands causes irreversible damage to the public interest

The Allahabad High Court has expressed that Public land in the State of Uttar Pradesh is most vulnerable to encroachment. Encroachment over such public land is not countenanced by the legislature. The Single Bench of Justice Ajay Bhanot while considering that encroachment on public lands causes irreversible damage to the public interest has observed that, “The Uttar Pradesh Revenue Code, 2006, is the response of the legislature to deal with the endemic problem of encroachment over public lands. The purpose of legislative intent will be defeated in case the statutory authorities do not discharge their statutory functions promptly.” The council on behalf […]
January 14, 2021

Supreme Court called on to calculate Notional Income of Homemakers on basis of ‘Work, Sacrifices’ in the context of ‘Nation’s International Law obligations and vision of Social Equality’

On Tuesday, the Top Court has made an important observation that can go a long way in terms of promoting Gender Equality in the country. While taking up an Insurance Dispute, the Supreme Court said that the calculation of the Notional Income of Homemakers must be based on their work, labor, and sacrifices. The bench comprising of Justice NV Ramana, Justice S Abdul Nazeer, and Justice Surya Kant further noted that the observations is in “furtherance of our Nation’s International Law obligations and our Constitutional Vision of Social Equality and ensuring dignity to all,”  The Court was dealing with a case in which one couple […]
December 23, 2020

Allahabad High Court opines that Pure contractual obligation in the absence of any statutory complexion would not be enforceable through a Writ

The Allahabad High Court while dismissing a petition has held that any writ cannot be issued by the court under Article 226 of the Constitution for the matters pertaining to contractual obligation as these are a matter of private law. The Division Bench of Allahabad High Court comprised of Justice Surya Prakash Kesarwani and JusticeDr. Yogendra Kumar Srivastava while dealing with the petition filed by Badri Narayan Shukla Associates for issuance of writs in nature of Mandamus and Certiorari has held that, “Pure contractual obligation in the absence of any statutory complexion would not be enforceable through a writ.” The petitioner has approached court under Article 226 for issuance of writs in nature of […]
December 7, 2020

Supreme Court opines that Quashing of a complaint should rather be an exception and a rarity than an ordinary rule

The Supreme Court in, Skoda Auto Volkswagen India Pvt Ltd v. State of Uttar Pradesh, while upholding the decision of Allahabad HC, rejected the SLP of Volkswagen and reiterated the findings in SM Datta v. State of Gujarat, which said that the criminal proceedings ought not to be scuttled at an initial stage. The NGT in the case against the petitioner(Volkswagen) stated that they were liable for harm done to the environment instituted a joint team of experts but in the meantime asked the petitioners to deposit 100 crores to CPCB. The petitioners approached the SC and during this while […]
November 25, 2020

Approval from State Govt mandatory for CBI Investigation in its Jurisdiction: Supreme Court Judgement

The State Government’s consent is mandatory for a CBI investigation in its jurisdiction and the agency cannot conduct a probe without its nod, the Supreme Court has said. A bench of Justices A M Khanwilkar and B R Gavai said the provisions are in tune with the federal character of the Constitution, which has been held to be one of its basic structures. The Apex Court referred to Sections 5 and 6 of the Delhi Special Police Establishment (DSPE) Act, which deal with the extension of powers and jurisdiction of special police establishment to other areas and consent of state government to […]
November 20, 2020

Pfizer sues Aurobindo Pharma, Dr. Reddy’s in US court over cancer drug

Pfizer Inc and its group companies filed a petition in a US court against Aurobindo Pharma Ltd and Dr. Reddy’s Laboratories alleging that the Indian drug makers were planning separately to come out with generic versions of its blockbuster multi-billion dollar drug Ibrance (Palbociclib) before the expiration of its patent. Pfizer filed the possible patent infringement case against Aurobindo Pharma in the United States District Court for the District of Delaware and Dr. Reddy’s in the New Jersey court. Palbociclib is used to treat a certain type of breast cancer and works by slowing or stopping the growth of cancer cells. Ibrance […]