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When Can A Provision Be Held To Be Clarificatory With Retrospective Effect? Supreme Court Explains
The Supreme recently held that for a subsequent order/provision/amendment passed to be considered a clarification to the original provision, it must not expand or alter the scope of the original provision and that the original must be sufficiently vague or ambiguous so as to require such clarification.The Apex Court observed while it was well established that a clarification or an explanation...
Limitation Period For Arbitration | Cause Of Action To Appoint Arbitrator Commences From The “Breaking Point” Between Parties : Supreme Court
The Supreme Court has held that the cause of action to appoint an arbitrator would commence from the “Breaking Point” at which any reasonable party would abandon efforts for at arriving at a settlement and contemplate referral of the dispute for arbitration. “Breaking Point” should be treated as the date at which the cause of action arose for the purpose of limitation.The Bench...
Proposed Accused Has Right To Be Heard In Revision Filed Against Dismissal Of Petition Under Section 156(3) CrPC : Supreme Court
The Supreme Court Bench comprising of Justice Hrishikesh Roy and Justice Manoj Misra, while adjudicating an appeal filed in Santhakumari & Ors. v State of Tamil Nadu & Anr., has reiterated that a proposed accused has a right to be heard in the revisional proceedings under Section 401 of the Code of Criminal Procedure, 1973 (“CrPC”). The Bench has set aside an order whereby...
Jamia Violence Case : Supreme Court Dismisses Plea Of 4 Accused Against Framing Of Charges
The Supreme Court on May 19 dismissed the special leave petition filed by four accused persons against the Delhi High Court direction to frame charges against them in relation to the 2019 Jamia Violence case.The bench of Justice Sanjiv Khanna, Justice M.M. Sundresh said, “Evidence is still to be recorded. The trial court wil independently apply its mind on whether or not the provisions of...
Plea In Supreme Court Seeks Direction That New Parliament Building Should Be Inaugurated By President Instead Of Prime Minister
Amidst the political controversy regarding the new Parliament building being inaugurated by the Prime Minister, a Public Interest Litigation has been filed in the Supreme Court seeking a direction that the inauguration should be done by the President of India.The petition filed by Advocate CR Jaya Sukin as party-in-person seeks any "direction, observation or suggestion" to the Lok...
Magistrate Can Direct Collection Of Voice Samples Of Accused : Supreme Court Reiterates
Upholding the Gujarat High Court order to refuse interference in the order of the session judge directing the accused to give a voice sample to the police, the Supreme Court recently said that a Magistrate has the power to order the collection of a voice sample for the purpose of investigation.Relying on Ritesh Sinha v. State of Uttar Pradesh, the bench of Justice Hrishikesh Roy and...
'Numerous Lapses In Investigation' : Supreme Court Frees Man Awarded Death Penalty In Case For Rape & Murder Of 6 Year Old Girl
The Supreme Court recently set aside the death sentence and life imprisonment imposed on a convict under Section 302 and 376 of IPC for allegedly raping and killing a six year old minor girl, on the ground that there were yawning gaps in the chain of circumstances establishing to the guilt of the accused and there were several irregularities and illegalities on the part of the agencies...
Article 299 | No Immunity From Statute Merely Because Contract Is Entered In President's Name : Supreme Court
The Supreme Court, while adjudicating an application for appointment of arbitrator, has held that a contract entered into in the name of the President of India, does not create an immunity against the application of any statutory prescription imposing conditions on parties to an agreement, when the Government chooses to enter into a contract.“We are unable to trace any immunity arising out...