Dipak Misra

Supreme Court clarifies “seat” vs. “venue” in international arbitration: Union of India vs. Hardy Exploration (2018)

/ A.M. Khanwilkar, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 34, D.Y. Chandrachud, Dipak Misra, Judges, UNCITRAL Model Law, UNCITRAL Model Law with Article 20, UNCITRAL Model Law with Article 31(3)

Supreme Court clarifies “seat” vs. “venue” in international arbitration: Union of India vs. Hardy Exploration (2018) LEGAL ISSUE: Clarification of the distinction between “seat” and “venue” in international commercial arbitration agreements, particularly concerning the jurisdiction of Indian courts. CASE TYPE: Arbitration Law Case Name: Union of India vs. Hardy Exploration and Production (India) INC [Judgment […]

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Supreme Court clarifies Disqualification for Membership of Parliament and State Legislatures: Public Interest Foundation & Ors. vs. Union of India & Anr. (25 September 2018)

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 102, Constitutional Law with Article 191, D.Y. Chandrachud, Dipak Misra, Disqualifications, Election Law, Fundamental Rights, Indu Malhotra, Judges, Representation of the People Act, 1951, Representation of the People Act, 1951 with Section 7, Rohinton Fali Nariman

Supreme Court Clarifies Disqualification for Membership of Parliament and State Legislatures Date of the Judgment: 25 September 2018 Citation: Not Available Judges: Dipak Misra, CJI, Rohinton Fali Nariman J, A.M. Khanwilkar J, Dr. D.Y. Chandrachud J, Indu Malhotra J. The judgment was unanimous and authored by Dipak Misra, CJI. Can the Supreme Court disqualify a

Supreme Court clarifies Disqualification for Membership of Parliament and State Legislatures: Public Interest Foundation & Ors. vs. Union of India & Anr. (25 September 2018) Read Post »

Supreme Court Clarifies Disqualification for Encroachment on Government Land in Panchayat Elections: Janabai vs. Additional Commissioner (2018)

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 14, D.Y. Chandrachud, Dipak Misra, Disqualifications, Encroachment, Judges, Maharashtra Village Panchayat Act, 1958, Maharashtra Village Panchayat Act, 1958 with Section 14, Right to Equality

Supreme Court Clarifies Disqualification for Encroachment on Government Land in Panchayat Elections: Janabai vs. Additional Commissioner (2018) LEGAL ISSUE: Whether a person can be disqualified from continuing as a member of a Gram Panchayat if their family members have encroached upon government land and they are using that land. CASE TYPE: Election Law, specifically related

Supreme Court Clarifies Disqualification for Encroachment on Government Land in Panchayat Elections: Janabai vs. Additional Commissioner (2018) Read Post »

Supreme Court Appoints Arbitrator in Shipping Dispute: Trans Asian Shipping vs. Beacon Shipping (2018)

/ A.M. Khanwilkar, Agency Agreement, Appointment of Arbitrator, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 11, Arbitration and Conciliation Act, 1996 with Section 11(9), Arbitration Law, Contract Law, D.Y. Chandrachud, Dipak Misra, Judges

Supreme Court Appoints Arbitrator in Shipping Dispute: Trans Asian Shipping vs. Beacon Shipping (2018) Date of the Judgment: September 19, 2018 Citation: Not Available Judges: Dipak Misra, CJI, A.M. Khanwilkar, J., Dr. D.Y. Chandrachud, J. Can a party compel another to arbitration when a dispute arises from a commercial agreement? The Supreme Court of India

Supreme Court Appoints Arbitrator in Shipping Dispute: Trans Asian Shipping vs. Beacon Shipping (2018) Read Post »

Supreme Court Directs Action on Leprosy: Ensuring Dignity and Eradication (2018)

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 32, D.Y. Chandrachud, Dipak Misra, Disability Assessment, Fundamental Rights, Judges, Rights of Persons with Disabilities Act, 2016, Rights of Persons with Disabilities Act, 2016 with Section 49

Supreme Court Directs Action on Leprosy: Ensuring Dignity and Eradication (2018) LEGAL ISSUE: Ensuring the rights and dignity of persons affected by leprosy and eradicating discrimination. CASE TYPE: Public Interest Litigation Case Name: Pankaj Sinha vs. Union of India and Others Judgment Date: 14 September 2018 Date of the Judgment: 14 September 2018 Citation: Not

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Supreme Court Revisits Section 498A IPC: Safeguarding Women and Preventing Misuse (2018)

/ A.M. Khanwilkar, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 41, Code of Criminal Procedure, 1973 with Section 482, D.Y. Chandrachud, Dipak Misra, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 498A, Judges, Offences Against Women

Supreme Court Revisits Section 498A IPC: Safeguarding Women and Preventing Misuse (2018) LEGAL ISSUE: Examination of guidelines for the implementation of Section 498A of the Indian Penal Code, 1860 concerning cruelty against married women. CASE TYPE: Criminal Law, Matrimonial Disputes Case Name: Social Action Forum for Manav Adhikar & Anr. vs. Union of India, Ministry

Supreme Court Revisits Section 498A IPC: Safeguarding Women and Preventing Misuse (2018) Read Post »

Supreme Court Orders Compensation for Malicious Prosecution in ISRO Espionage Case: S. Nambi Narayanan vs. Siby Mathews (2018)

/ A. M. Khanwilkar, Code of Criminal Procedure, Code of Criminal Procedure with Section 173(2), Constitutional Law, Constitutional Law with Article 21, D.Y. Chandrachud, Dipak Misra, Fundamental Rights, Judges

Supreme Court Orders Compensation for Scientist in ISRO Espionage Case: S. Nambi Narayanan vs. Siby Mathews (2018) Date of the Judgment: 14 September 2018 Citation: S. Nambi Narayanan v. Siby Mathews, 2018 INSC 785 Judges: Dipak Misra, CJI, A. M. Khanwilkar, J., Dr. D.Y. Chandrachud, J. Can a person be compensated for the mental agony

Supreme Court Orders Compensation for Malicious Prosecution in ISRO Espionage Case: S. Nambi Narayanan vs. Siby Mathews (2018) Read Post »

Supreme Court sets aside order for withdrawal of prosecution under Section 321 CrPC: Abdul Wahab K. vs. State of Kerala (2018)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 321, D.Y. Chandrachud, Dipak Misra, Judges

Supreme Court sets aside order for withdrawal of prosecution under Section 321 CrPC: Abdul Wahab K. vs. State of Kerala (2018) LEGAL ISSUE: Whether a Public Prosecutor can act solely on government instructions when seeking to withdraw a criminal case under Section 321 of the Code of Criminal Procedure (CrPC), and the extent of the

Supreme Court sets aside order for withdrawal of prosecution under Section 321 CrPC: Abdul Wahab K. vs. State of Kerala (2018) Read Post »

Landmark Supreme Court Judgment Decriminalizes Homosexuality in India: Navtej Singh Johar vs. Union of India (2018)

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 21, D.Y. Chandrachud, Dipak Misra, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 377, Indu Malhotra, Judges, R.F. Nariman

LEGAL ISSUE: Constitutional validity of Section 377 of the Indian Penal Code, 1860, specifically concerning consensual same-sex relations between adults. CASE TYPE: Criminal, Constitutional Law Case Name: Navtej Singh Johar & Ors. vs. Union of India [Judgment Date]: 6 September 2018 Date of the Judgment: 6 September 2018 Citation: (2018) 10 SCC 1 Judges: Dipak

Landmark Supreme Court Judgment Decriminalizes Homosexuality in India: Navtej Singh Johar vs. Union of India (2018) Read Post »

Supreme Court overturns contempt conviction for false affidavit: R.S. Sehrawat vs. Rajeev Malhotra (2018)

/ A.M. Khanwilkar, Contempt of Courts Act, 1971, Contempt of Courts Act, 1971 with Section 2(b), Criminal Contempt, Dipak Misra, Judges

Supreme Court overturns contempt conviction for false affidavit: R.S. Sehrawat vs. Rajeev Malhotra (2018) LEGAL ISSUE: Whether a contempt conviction for filing a false affidavit can be sustained when the affidavit is supported by contemporaneous official records and without a specific charge being framed. CASE TYPE: Contempt of Court/Criminal Case Name: R.S. Sehrawat vs. Rajeev

Supreme Court overturns contempt conviction for false affidavit: R.S. Sehrawat vs. Rajeev Malhotra (2018) Read Post »

Supreme Court Upholds Conviction Under NDPS Act: SK Raju vs. State of West Bengal (2018)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 100, Dhananjaya Y Chandrachud, Dipak Misra, Indira Banerjee, Judges, Narcotic Drugs and Psychotropic Substances Act, 1985, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 43, Narcotic Drugs and Psychotropic Substances Act, 1985 with Section 50, Search and Seizure

Supreme Court Upholds Conviction Under NDPS Act: SK Raju vs. State of West Bengal (2018) LEGAL ISSUE: Whether the search and seizure of narcotics from a bag carried by an individual requires compliance with Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and whether the search was conducted as per procedure. CASE

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Supreme Court directs Insurance Company to pay compensation with recovery rights in tractor accident case: Shivaraj vs. Rajendra (2018) INSC 771

/ A.M. Khanwilkar, Dipak Misra, Insurance Law, Judges, Motor Vehicle Accident Compensation, Motor Vehicles Act, 1988, Motor Vehicles Act, 1988 with Section 166

Supreme Court directs Insurance Company to pay compensation with recovery rights in tractor accident case: Shivaraj vs. Rajendra (2018) INSC 771 LEGAL ISSUE: Whether an insurance company is liable to pay compensation to a claimant injured while travelling in a tractor, which was insured for agricultural purposes only, and not for carrying goods or passengers.

Supreme Court directs Insurance Company to pay compensation with recovery rights in tractor accident case: Shivaraj vs. Rajendra (2018) INSC 771 Read Post »

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