Showing 1939 articles
Arrest & Remand Illegal If Accused Not Informed Grounds Of Arrest; Filing Of Chargesheet Won't Validate Illegal Arrest : Supreme Court
In a groundbreaking judgment, the Supreme Court has reaffirmed the fundamental right of individuals to be informed of the grounds of their arrest. This landmark ruling pertains to a case under the Unlawful Activities (Prevention) Act, 1967 (UAPA), focusing on the critical issue of communication of arrest grounds to…
Supreme Court: Extending 'Pankaj Bansal' Precedent, Ushers in Written Arrest Grounds for UAPA Cases
In a landmark ruling, the Supreme Court of India reaffirmed the mandatory communication of arrest grounds under Section 43B(1) of the Unlawful Activities (Prevention) Act, 1967 (UAPA). The case, identified as Prabir Purkayastha v. State, with Diary No. 42896 of 2023, delved into the critical issue of promptly…
Wrong Doers Cannot Be Allowed To Make Profit Out Of Their Own Wrongs : Supreme Court
In a landmark judgment, the Supreme Court of India has quashed the High Court's decision in the case of Municipal Committee Katra & Ors. vs. Ashwani Kumar regarding a tender dispute under Section 1 of the Indian Contract Act. The case revolved around a Notice Inviting Tender (NIT) issued by the appellant, Municipal…
Attempts By Arbitrator To Reach Settlement Cant Be Termed As 'Conciliation Proceeding' Under Part III: Calcutta High Court
In a recent judgment by the High Court at Calcutta, a significant legal point concerning arbitration and conciliation was addressed, shedding light on the dual roles and responsibilities of an arbitrator. The case, titled MFAR Constructions Private Limited Vs. Bengal Shristi Infrastructure Development Limited, delved…
Services Rendered By Advocates Come Under Contract Of Personal Service: Supreme Court
New Delhi, May 14, 2024: In a landmark judgment, the Supreme Court of India, through Justices Bela M. Trivedi and Pankaj Mithal, clarified the scope of the Consumer Protection Act, 2019 regarding complaints related to "deficiency in service" against advocates practicing in the legal profession. The case involved Civil…
Section 144 CPC, Stranger Who Purchased Property Knowing About Appeal Pendency Can't Resist Restitution As Bona Fide Purchaser : Supreme Court
In a significant ruling, the Supreme Court of India has upheld the principles of justice and restitution in a case that underscores the importance of fair execution procedures under Section 144 of the Civil Procedure Code (CPC). The judgment, delivered on May 14, 2024, in the matter of Rajesh Sharma v. Mohan Singh,…
Supreme Court Rules Advocates Exempt from Consumer Protection Act Liability
New Delhi, May 14, 2024: In a landmark judgment today, the Supreme Court of India ruled that Advocates and their services are excluded from the ambit of the Consumer Protection Act, 2019. The judgment was passed in response to appeals, including Civil Appeal No. 6959 of 2011 and Civil Appeal No. 8214 of 2017. The case…
Consumer Protection Act 1986, Onus Of Proving That Service Was Availed For 'Commercial Purpose' Is On Service Provider : Supreme Court
In a recent ruling by the Supreme Court of India, Justice Aravind Kumar delivered a significant judgment regarding the interpretation of the Consumer Protection Act 1986. The case, titled Shriram Chits (India) Private Limited v. Raghachand Associates, centered around the definition of a 'consumer' and whether the…
Unlawful Deprivation Of Property: Compensation For Land Acquired Under Kottayam Development Corridor Project: Kerala High Court
In a landmark ruling today, Justice Viju Abraham of the Kerala High Court has issued a decisive judgment in the case of Petitioner v. Respondent, involving a dispute over land acquisition under the Land Acquisition Act 2013. The judgment, which spans several key sections of the Act, brings to light critical legal…
Madhya Pradesh High Court Dismisses High Court Advocates Bar Association's Plea Against State Bar Council's Refusal To Grant Separate Recognition
In a recent judgment under the purview of the Advocates Act of 1961, the High Court of Madhya Pradesh at Jabalpur delved into the intricate details of recognizing separate Bar Associations. The case, titled Vivek Agarwal v. State Bar Council of Madhya Pradesh, centered on the refusal of recognition to a certain…
