FIRST LAW

Adjudication / Litigation  - Ordinarily, a litigation is based on adjudication on the merits of the contentions of the parties. Litigation should not be terminated by default, either of the plaintiff or the defendant. The cause of justice does require that as far as possible, adjudication be done on merits. Ashok Bhushan & K.M. Joseph , JJ.  Robin Thapa v. Rohit Dora  [Supreme Court of India, C.A. No. 4507 of 2019 08-07-2019] Agricultural Produce Marketing (Development and Regulation) Act, 1963 (Maharashtra)  - Section 52B. R. Banumathi & R. Subhash Reddy, JJ.  Hande Wavare & Co. v. Ramchandra Vitthal Dongre  [Supreme Court of India, C.A. No. 5350 of 2019 10-07-2019] Ancient Monuments and Archaeological Sites and Remains Act, 1958 - Sections 2 (a), 3 and 38 - Ancient Monuments and Archaeological Sites and Remains Rules, 1959 - Rules 31, 32 and 33 - “ancient monument” - “prohibited area” - “regulated area” - “repair and renovation” - P...

Agreement - the clauses in the agreement ought to be given the plain, literal and grammatical meaning of the expression used in the same. No doubt, that the courts will also try to gather as to what intention the parties wanted to give them. Arun Mishra, B.R. Gavai & Surya Kant, JJJ. Adani Power (Mundra) Ltd. v. Gujarat Electricity Regulatory Commission , C.A. No. 11133 of 2011 02-07-2019 Air Force Act, 1950 - Ss. 13, 14 & 15 - Procedure before enrolling officer - Mode of Enrolment - Validity of Enrolment - appellant in breach of the provisions contained in AFO 14/2008 applied for the post of a Probationary Officer with the Bank of India, participated in the written test and appeared at the interview without intimation or approval. There was, therefore, a failure of the appellant to comply with his obligations both in terms of his engagement as an enrolled member of the force and in relation to the requirements which were to be fulfilled under the terms of AFO 14/2008....

Advocate - An advocate is duty bound to act as per the higher status conferred upon him as an officer of the court. He plays a vital role in preservation of society and justice delivery system. Advocate has no business to threaten a Judge or hurl abuses for judicial order which he has passed. Arun Mishra & Navin Sinha, JJ.  Rakesh Tiwari, Advocate v. Alok Pandey, CJM , Crl.A. No. 1223 of 2015 10-05-2019 Advocate  - In case of complaint of the Judge, it was open to the advocate to approach concerned higher authorities but there is no licence to any member of the Bar to indulge in such undignified conduct to lower down the dignity of the Court. Such attempts deserve to be nipped at the earliest as there is no room to such attack by a member of noble profession. Arun Mishra & Navin Sinha, JJ. Rakesh Tiwari, Advocate v. Alok Pandey, CJM , Crl.A. No. 1223 of 2015 10-05-2019 Appeal to Supreme Court - Concurrent findings of three courts - Since all the three Cou...

Accident - An accident postulates a mishap or an untoward happening, something which is unexpected and unforeseen. A bodily injury caused by an accident is not limited to any visible physical marks in the form of lesions, abrasions or broken bones on the body. A bodily injury can be caused by violent means that are external and relate to the use of strong physical force or even threatening someone by the use of violent words or actions. D.Y. Chandrachud & Hemant Gupta, JJ. Alka Shukla v. Life Insurance Corporation of India , C.A. No. 3413 of 2019 24-04-2019

Supreme Court Weekly Digest April 1 - 5, 2019 Supreme Court Weekly Digest April 8 - 12, 2019 Allotment of Plot  - Cooperative Societies Act, 1961 (Punjab) - Section 26 (1-D) - Appellants cannot be deprived of a plot allotted to her merely on the basis that she has not made any grievance in respect of possession of the plot allotted on the basis of technicities. D.Y. Chandrachud &  Hemant Gupta , JJ.  Nisha Singla v. Adarsh Colony Cooperative House Building Society Ltd. , C.A. No. 3963 of 2019 16-04-2019

Supreme Court Weekly April 1 - 5, 2019 Arbitration and Conciliation Act, 1996  - Ss. 11 (6A) r/w. 7 (2) - an arbitration clause in an agreement would not exist when it is not enforceable by law.  Rohinton Fali Nariman  & Vineet Saran, JJ.  Garware Wall Ropes Ltd. v. Coastal Marine Constructions & Engineering Ltd. , C.A. No. 3631 of 2019 10-04-2019

Banking Regulation Act, 1949 - Ss. 35AA & 35AB - Constitutional Validity of - Circular issued on 12.02.2018, by Reserve Bank of India (RBI) - Revised framework for resolution of stressed assets - the impugned circular is ultra vires Section 35AA of the Banking Regulation Act.  Rohinton Fali Nariman & Vineet Saran, JJ. Dharani Sugars and Chemicals Ltd. v. Union of India , T.C. (C) No. 66 of 2018 02-04-2019

Arbitration Act, 1940 - Section 15 - Power of Court to modify award. Ranjan Gogoi (CJI), Sanjay Kishan Kaul & K.M. Joseph, JJ. K. Marappan v. Superintending Engineer T.B.P.H.L.C. Circle Anantapur, C.A. No. 159 of 2010 27-03-2019

Supreme Court Weekly Digest February 2019 Part 1 Supreme Court Weekly Digest February 2019 Part 2 Arbitration and Conciliation Act, 1996   - Issue of maintainability of the execution case concerning the foreign awards to be considered along with issue of enforceability.   A.M. Khanwilkar   & Ajay Rastogi, JJ.   LMJ International Ltd. v. Sleepwell Industries Co. Ltd. , S.L.P. (C) No. 540 of 2018 20-02-2019 Arbitration and Conciliation Act, 1996  - While interpreting the terms of a contract, the conduct of parties and correspondences exchanged would also be relevant factors and it is within the arbitrator’s jurisdiction to consider the same.  Mohan M. Shantanagoudar  & Vineet Saran, JJ.  MMTC Ltd. v. M/s. Vedanta Ltd. , C.A. No. 1862 of 2014 18-02-2019 Contempt of Court - The law of contempt has been recognized in English law at least from the 12th Century A.D. to the present time. It is also important to remember that...