Digests
Supreme Court Monthly Digest November 2022
Supreme Court Bans Two-Finger Test; Says It's Based On Patriarchal Mindset That Sexually Active Women Can't Be RapedState of Jharkhand vs Shailendra Kumar Rai @ Pandav Rai | 2022 LiveLaw (SC) 890 | CrA 1441 of 2022The Supreme Court on Monday prohibited "Two-Finger Test" in rape cases and warned that persons conducting such tests will be held guilty of misconduct. It is regrettable...
Supreme Court Monthly Digest November 2022 (Citation 893 - 998)
Admission and Fee Regulatory Committee (for Professional Courses offered in Private UnÂAided Professional Institutions) Rules, 2006 (Andhra Pradesh); Rule 4 - The education is not the business to earn profit. The tuition fee shall always be affordable. Determination of fee/review of fee shall be within the parameters of the fixation rules and shall have direct nexus on the factors...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [November 21 – 30, 2022]
Arbitration and Conciliation Act, 1996; Section 11(6) - The court at the referral stage can interfere only when it is manifest that the claims are ex facie timeÂbarred and dead, or there is no subsisting dispute. In the context of issue of limitation period, it should be referred to the Arbitral Tribunal for decision on merits. Similar would be the position in case of disputed...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citation 956 - 978) [November 14 – 20, 2022]
Buildings (Lease, Rent and Eviction) Control Act, 1960 (Andhra Pradesh); Section 10 - Bonafide requirement - The landlord was carrying on business and that he had children for whom he wanted to set-up a business - Rent Control Appellate Authority passed Eviction Order -Andhra Pradesh HC, while allowing Revision Petition observed that the eldest son of the Landlord was still...
Supreme Court Quarterly Digest on Consumer Protection Act, 1986 [July To September 2022]
Consumer Protection Act, 1986 - Delivering a defective and old model car against a booking for a new car made by a customer who has paid full sale consideration is an "unfair trade practice" - Non delivery of a new car can be said to be an unfair trade practice and even it can be said to be dishonesty on the part of the dealer and against the morality and ethics - Once the new car...
Supreme Court Complete Quarterly Digest-All Subjects- (July- September, 2022) (Citations 560 - 814)
Administrative Law - Administrative/executive orders or circulars, as the case may be, in the absence of any legislative competence cannot be made applicable with retrospective effect. Only law could be made retrospectively if it was expressly provided by the Legislature in the Statute. (Para 30) Bharat Sanchar Nigam Ltd. v. Tata Communications Ltd., 2022 LiveLaw (SC)...
Supreme Court Quarterly Digest on Prevention of Corruption Act [July - September, 2022]
Code of Criminal Procedure, 1973; Section 482 - Prevention of Corruption Act, 1988 - Corruption by a public servant is an offence against the State and the society at large. The Court cannot deal with cases involving abuse of official position and adoption of corrupt practices, like suits for specific performance, where the refund of the money paid may also satisfy the...
Supreme Court Quarterly Digest on Motor Vehicles Act [July - September, 2022]
Motor Accident Claims - The owner of the vehicle is expected to verify the driving skills and not run to the licensing authority to verify the genuineness of the driving license before appointing a driver. Therefore, once the owner is satisfied that the driver is competent to drive the vehicle, it is not expected from the owner thereafter to verify the genuineness of the...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [November 7 – 13, 2022]
Admission and Fee Regulatory Committee (for Professional Courses offered in Private UnÂAided Professional Institutions) Rules, 2006 (Andhra Pradesh); Rule 4 - The education is not the business to earn profit. The tuition fee shall always be affordable. Determination of fee/review of fee shall be within the parameters of the fixation rules and shall have direct nexus on the factors...
Supreme Court Monthly Digest : October 2022
Terms Of Invitation To Tender Are Not Open To Judicial Scrutiny Unless They Are Arbitrary, Discriminatory Or Mala Fide : Supreme Court Observing that the terms of invitation to tender are not open to judicial scrutiny, the Supreme Court set aside a Delhi High Court's order which had quashed the Airport Authority of India's tender conditions for selecting Ground Handling...
Supreme Court Quarterly Civil Digest [July To September]
Administrative Law - Administrative/executive orders or circulars, as the case may be, in the absence of any legislative competence cannot be made applicable with retrospective effect. Only law could be made retrospectively if it was expressly provided by the Legislature in the Statute. (Para 30) Bharat Sanchar Nigam Ltd. v. Tata Communications Ltd., 2022 LiveLaw (SC)...
Supreme Court Quarterly Digest on Tax [July - September, 2022]
Arbitration and Conciliation Act, 1996 - Relief related to tax concessions are not arbitrable. Shree Enterprise Coal Sales Pvt. Ltd. v. Union of India, 2022 LiveLaw (SC) 774 Award of Tender - There is no public duty on the part of the State to indicate the HSN code for GST rates in the tender document - Para 56- We are at a loss to further understand how in the name of producing...