The Supreme Court in Civil Appeal No. 2617 of 2020 [arising out of SLP (C) No. 9866 of 2019 titled Siri Chand (Deceased) through LRs v/s Surinder Singh noted that as per Section 17 (1)(d) of the Registration Act, 1908 leases of immovable property from year to year, or for any term exceeding one year,…
In Asha John Divianathan Vs Vikram Malhotra & Ors., CIVIL APPEAL NO. 9546 OF 2010, a three-member bench of Supreme Court of India comprising of Justices AM Khanwilkar, Indu Malhotra, and Ajay Rastogi while dealing with Section 31 of the Foreign Exchange Regulation Act, 1973 decided upon as to whether a transaction (specified in…
The Supreme Court observed that salaries and pensions are rightful entitlements of Government employees and the Government which has delayed the payment should be directed to pay interest at an appropriate rate. The Supreme Court bench comprising justices D Y Chandrachud and M R Shah added “Salaries are due to the employees of the State…
The Supreme Court has directed police stations to send accident information reports to Motor Accident Claims Tribunals ( MACT) and insurers within 48 hours of the road mishap. “The jurisdictional police station shall report the accident under Section 158(6) of the Motor Vehicle Act (Section 159 post-2019 amendment) to the tribunal and insurer…
The Supreme Court recently reiterated that a hospital is also vicariously responsible for the medical negligence committed by the medical professionals employed or retained by it. It is well established that a hospital is vicariously liable for the acts of negligence committed by the doctors engaged or impaneled to provide medical care. It…
INTRODUCTION TO FREEDOM OF SPEECH & EXPRESSION In India, freedom of speech and expression is granted by Article19(1)(a) of the Indian Constitution. It applies only to the citizens of India and not to foreign nationals. Freedom of speech under Article 19(1)(a) includes The rights of communication and the right to propagate or publish one’s opinion.…
Amend Section 138 Negotiable Instruments Act ;Magistrates Should Record Reasons Before Converting Summary Trial To Summons Trial: SC Re Expeditious Trial Of Cases Under Section 138 of N.I Act . Citation:LL 2021 SC 217 The second proviso to Section 143 of the Negotiable Instruments Act empowers the Magistrate to convert the summary trial to summons…
In a case titled as State of Rajasthan v. Ashok Kumar Kashyap, Criminal Appeal No. 407 of 2021 (Arising from SLP (Criminal) No. 3194 of 2021) decided on : 13-04-2021, the Honourable Supreme Court of India has held that at the stage of considering framing of charge, only prima facie evidence is to be seen…
EQUALITY FOR WOMEN IS THE HARSH SOCIAL REALITY IN INDIA In India, the constitutionally guaranteed equality for women is often contradictory to the harsh social reality of the land and its cultural norms. The struggle for women’s equality began in India in the 20th century, during the struggle for Independence. In the fight against the…
Different yardstick laid by Supreme Court to Transfer Commercial Litigation The Honorable Supreme Court of India has very well laid down a proposition of law regarding the Power of the Supreme Court to transfer Suits etc. under Section 25 of the Code of Civil Procedure,1908. The matter came up before Honourable Apex Court in Fumo…