R.F. Nariman

Supreme Court Decriminalizes Adultery: Landmark Judgment on Section 497 IPC and Section 198 CrPC (27 September 2018)

Supreme Court Decriminalizes Adultery: Joseph Shine vs. Union of India (2018) LEGAL ISSUE: Whether Section 497 of the Indian Penal Code, which criminalizes adultery, and Section 198 of the Code of Criminal Procedure, which deals with the procedure for filing a complaint, are constitutionally valid. CASE TYPE: Criminal, Constitutional Law Case Name: Joseph Shine vs. […]

Supreme Court Decriminalizes Adultery: Landmark Judgment on Section 497 IPC and Section 198 CrPC (27 September 2018) Read Post »

Supreme Court clarifies data requirements for SC/ST promotion reservations: Jarnail Singh vs. Lachhmi Narain Gupta (2018)

Supreme Court clarifies data requirements for SC/ST promotion reservations: Jarnail Singh vs. Lachhmi Narain Gupta (2018) LEGAL ISSUE: Whether the state needs to collect quantifiable data on the backwardness of Scheduled Castes (SCs) and Scheduled Tribes (STs) for reservation in promotions. CASE TYPE: Service Law, Constitutional Law Case Name: Jarnail Singh & Others vs. Lachhmi

Supreme Court clarifies data requirements for SC/ST promotion reservations: Jarnail Singh vs. Lachhmi Narain Gupta (2018) Read Post »

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

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 Upholds Army Postings: ASC Personnel in Operational Roles (2018)

Supreme Court Upholds Army Postings: ASC Personnel in Operational Roles (2018) LEGAL ISSUE: Whether personnel of the Army Service Corps (ASC) can be posted to operational areas. CASE TYPE: Service Law Case Name: Maj. Amod Kumar vs. Union of India & Anr. Judgment Date: September 6, 2018 Date of the Judgment: September 6, 2018 Citation:

Supreme Court Upholds Army Postings: ASC Personnel in Operational Roles (2018) Read Post »

Supreme Court clarifies the nature of Section 34(5) of the Arbitration and Conciliation Act, 1996: State of Bihar & Ors. vs. Bihar Rajya Bhumi Vikas Bank Samiti (30 July 2018)

Supreme Court Clarifies Mandatory Nature of Section 34(5) of the Arbitration Act in Bihar Rajya Bhumi Vikas Bank Samiti vs State of Bihar (2018) Date of the Judgment: 30 July 2018 Citation: (2018) INSC 694 Judges: R.F. Nariman, J., Indu Malhotra, J. Can a procedural lapse in filing an application under Section 34 of the

Supreme Court clarifies the nature of Section 34(5) of the Arbitration and Conciliation Act, 1996: State of Bihar & Ors. vs. Bihar Rajya Bhumi Vikas Bank Samiti (30 July 2018) Read Post »

Supreme Court Clarifies Arbitration Clause Requirements in Share Sale Agreement: Shyam Sunder Agarwal vs. P. Narotham Rao (2018)

Supreme Court Clarifies Arbitration Clause Requirements in Share Sale Agreement: Shyam Sunder Agarwal vs. P. Narotham Rao (2018) LEGAL ISSUE: Whether a clause in a Memorandum of Understanding (MoU) constitutes a valid arbitration agreement. CASE TYPE: Arbitration Law Case Name: Shyam Sunder Agarwal vs. P. Narotham Rao and Ors. Judgment Date: July 23, 2018 Date

Supreme Court Clarifies Arbitration Clause Requirements in Share Sale Agreement: Shyam Sunder Agarwal vs. P. Narotham Rao (2018) Read Post »

Supreme Court clarifies interest on arbitration awards under the 1940 Act: Reliance Cellulose vs. ONGC (20 July 2018)

Supreme Court clarifies interest on arbitration awards under the 1940 Act: Reliance Cellulose vs. ONGC (2018) LEGAL ISSUE: Whether an arbitrator can award pre-reference and pendente lite interest under the Arbitration Act, 1940, when the contract contains a clause barring interest on delayed payments. CASE TYPE: Arbitration Case Name: Reliance Cellulose Products Ltd. vs. Oil

Supreme Court clarifies interest on arbitration awards under the 1940 Act: Reliance Cellulose vs. ONGC (20 July 2018) Read Post »

Supreme Court clarifies the definition of “Insider” under SEBI Regulations in Satyam Scam Case (14 May 2018)

Supreme Court Clarifies Insider Trading Definition in Satyam Scam Case LEGAL ISSUE: Definition of “Insider” under the SEBI (Prohibition of Insider Trading) Regulations, 1992. CASE TYPE: Securities Law/Insider Trading Case Name: Chintalapati Srinivasa Raju v. Securities and Exchange Board of India Judgment Date: 14 May 2018 Introduction Date of the Judgment: 14 May 2018 Citation:

Supreme Court clarifies the definition of “Insider” under SEBI Regulations in Satyam Scam Case (14 May 2018) Read Post »

Supreme Court Clarifies Res Judicata Exceptions in Banking Dispute: Canara Bank vs. N.G. Subbaraya Setty (2018)

Supreme Court Clarifies Res Judicata Exceptions in Banking Dispute: Canara Bank vs. N.G. Subbaraya Setty (2018) LEGAL ISSUE: Whether a prior judgment upholding a contract that violates statutory prohibitions operates as res judicata in subsequent proceedings. CASE TYPE: Banking Law, Contract Law, Civil Procedure. Case Name: Canara Bank vs. N.G. Subbaraya Setty & Anr. [Judgment

Supreme Court Clarifies Res Judicata Exceptions in Banking Dispute: Canara Bank vs. N.G. Subbaraya Setty (2018) Read Post »

Supreme Court Upholds NCMEI’s Power to Declare Minority Status of Existing Educational Institutions: Sisters of St. Joseph of Cluny vs. State of West Bengal (2018)

Supreme Court Upholds NCMEI’s Power to Declare Minority Status of Existing Educational Institutions: Sisters of St. Joseph of Cluny vs. State of West Bengal (2018) Date of the Judgment: April 18, 2018 Citation: (2018) INSC 327 Judges: Adarsh Kumar Goel, J., R.F. Nariman, J. (authored the judgment) Can an educational institution, initially established as a

Supreme Court Upholds NCMEI’s Power to Declare Minority Status of Existing Educational Institutions: Sisters of St. Joseph of Cluny vs. State of West Bengal (2018) Read Post »

Supreme Court clarifies the powers of High Courts in Prevention of Corruption Act cases: Asian Resurfacing of Road Agency Pvt. Ltd. vs. Central Bureau of Investigation (28 March 2018)

Supreme Court Clarifies Powers of High Courts in Corruption Cases: Asian Resurfacing of Road Agency Pvt. Ltd. vs. CBI (2018) Date of the Judgment: 28 March 2018 Citation: Asian Resurfacing of Road Agency Pvt. Ltd. vs. Central Bureau of Investigation (2018) INSC 220 Judges: Adarsh Kumar Goel, J., Navin Sinha, J., R.F. Nariman, J. (Concurring)

Supreme Court clarifies the powers of High Courts in Prevention of Corruption Act cases: Asian Resurfacing of Road Agency Pvt. Ltd. vs. Central Bureau of Investigation (28 March 2018) Read Post »

Supreme Court Clarifies Applicability of 2015 Amendment Act to Arbitration Proceedings: BCCI vs. Kochi Cricket (2018) INSC 227

Supreme Court Clarifies Applicability of 2015 Amendment Act to Arbitration Proceedings: BCCI vs. Kochi Cricket (2018) INSC 227 LEGAL ISSUE: Applicability of the Arbitration and Conciliation (Amendment) Act, 2015 to pending arbitral and court proceedings. CASE TYPE: Arbitration Law Case Name: Board of Control for Cricket in India vs. Kochi Cricket Pvt. Ltd. and Others

Supreme Court Clarifies Applicability of 2015 Amendment Act to Arbitration Proceedings: BCCI vs. Kochi Cricket (2018) INSC 227 Read Post »

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