Author: Nidhi Yadav

Human rights advocate Teesta Setalvad has received monthly bail from the Supreme Court of India in the Gujarat police case involving allegations of fabricating evidence in the 2002 riots charges. The Gujarat High Court’s decision to deny her monthly bail was overturned by the court, which cited the views of the High Court as being “perverse” and “contradictory.” Discussions and arguments on the alleged abuse of authority, the right to bail, and the effects on national civil rights advocacy have been prompted by this ruling by the top court. Background of the Case In connection with the Gujarat riots conspiracy…

In a significant decision, the Supreme Court of India made it clear that the Bombay High Court’s ruling in the Rhea Chakraborty case—which involved the interpretation of provisions under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), shall not be considered a precedent in any other subsequent cases. The Supreme Court’s ruling was made in response to the Narcotics Control Bureau’s (NCB) appeal of the High Court’s judgement granting actor Rhea Chakraborty bail in October 2021. Following the unfortunate death of actor Sushant Singh Rajput in 2021, the case focused on the drug inquiry and included accusations against Rhea…

A landmark decision concerning the obligation of insurance providers to reimburse employers for the interest and penalties due for delayed payment of benefits under the Employee’s Compensation Act, 1923, was recently made by the Jammu and Kashmir & Ladakh High Court. Unless there is a formal contract between the employer and the insurer, the court emphasized in a case heard by Justice Sanjeev Kumar that insurance firms cannot be held automatically liable for indemnifying employers for interest and penalty. Background of the Case Four employees were engaged in the court case; they had sustained serious injuries during blasting operations carried…

The Income Tax Act’s key tenet about Assessing Officers’ (AOs) right to revisit completed or unresolved assessments in the absence of evidence of criminal activity was recently reaffirmed by the Supreme Court of India. A ruling in the matter of Principal Commissioner of Income Tax vs. Abhisar Buildwell Pvt. Ltd. (2024 LiveLaw (SC) 346) served as the foundation for the court’s conclusion. The judgement gives advice on the conditions in which assessments may be revisited and explains the boundaries of the AO’s authority. Background of the Case The Delhi High Court’s decision to reject appeals brought by the Revenue Department…

The Orissa High Court recently made headlines when it asked a senior judicial officer, holding the rank of District Judge, to justify the seven years of imprisonment given to a rape offender. This ruling has caused controversy because Section 376(1) of the Indian Penal Code (IPC) specifies a ten-year minimum penalty for such an offence. The Supreme Court’s position that courts cannot impose a sentence shorter than the statutory minimum, particularly where the law does not allow any option to do so, was referenced by the High Court in disapproval of the Trial Court’s order of sentence. Background of the…

The Prevention of Sexual Harassment in the Workplace (Prevention, Prohibition and Redressal) Act, 2013, also referred to as the “POSH Act,” just received a major judgement from the Calcutta High Court. The court determined that an accused person’s participation in the complainant’s POSH Act evaluation procedure undermined and mocked the whole process. Background The complainant/petitioner filed a contempt petition against the accused, the accused’s business, and its representatives. After hearing the motion, Justice Moushumi Bhattacharya’s single bench instructed the respondents to demonstrate that they had not disobeyed the court’s instructions and that the disputed appraisal report was unrelated to the…

In India, there has been a discussion about whether an ineligible individual may appoint an arbitrator. A Supreme Court Constitution Bench recently made the decision to postpone for two months the hearing of a reference pertaining to this topic. In light of the Union Government’s assessment of changes to the Arbitration and Conciliation Act of 1996, the court’s judgement was made. The Expert Committee and Its Mandate A sixteen-member expert committee was established by the Ministry of legislation and Justice on June 14, 2024, to review the operation of Indian arbitration legislation and provide recommendations for amendments to the Arbitration…

In a recent decision, Allahabad High Court emphasized that there is no difference between the judicial powers and duties of judges appointed under Article 217 of the Indian Constitution and extra judges appointed under Article 224. According to the court, the sole distinction between the two groups of justices is their tenure. Judicial Equality and Roster Management The Allahabad High Court emphasized that all judges have the same power and responsibilities, regardless of the constitutional provision under which they were nominated, in its response to a Review case. Judges can only be assigned specific cases or categories of cases by…

Today, The Supreme Court of India has addressed the violence in Manipur and emphasized its limitations while restating that the elected government is in charge of upholding law and order. The Court also issued a warning against using the legal processes as a pretext to incite more violence and encouraged attorneys to use prudence when levelling accusations against various ethnic groups. The petitioners were requested by the bench, comprised of Chief Justice of India DY Chandrachud and Justice PS Narasimha, to offer specific recommendations for de-escalating the situation. Background of the Case The Manipur Tribal Forum Delhi appeal asked the…

In a recent key decision, the Calcutta High Court emphasized that, until it is clear that no such agreement exists, courts should not interfere with the arbitral tribunal’s conclusions about the existence of an arbitration agreement. Case Background The disagreement started when the respondent, Steer Overseas Pvt Ltd, accepted the petitioner, Jaldhi Overseas PTE Ltd,’s email offer to transport iron ore for it. The parties proceeded to carry out the job in accordance with their original arrangement despite making counteroffers and changing the original terms and conditions. But there was a dispute since the respondent didn’t release the ship in…