Latest Legal News

‘Patent Illegality’: Ground Available to Set Aside Domestic Arbitral Awards

The Supreme Court observed that an arbitral award can be set aside under Section 34 of the Arbitration and Conciliation Act if it is patently illegal or perverse. Justices R. Banumathi, Indu Malhotra, and Aniruddha Bose observed that ground of patent illegality is a ground available under the statute for setting aside a domestic award made after the 2015 amendment to the Arbitration and Conciliation Act. The award in the instant case was made on March 29, 2016. If the decision of the arbitrator is found to be perverse, or, so irrational that no reasonable person would have arrived at the same,...

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Opinion on Resuming Regular Courts

The Bar Council of India has decided to consult Advocates from the Supreme Court and all High Courts and District Courts to gather opinion on the resumption of regular court hearings. The BCI said that it has received various complaints and concerns from lawyers regarding virtual hearings. Also said that the video conferencing hearings have been marred by disturbances on account of poor connectivity or other technical glitches. It adds further that listing of cases on the basis of "pick and choose" in some High Courts was also a concern flagged. The BCI statement adds that the Chief Justice of India...

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Fresh petitions filed challenging Citizenship Amendment Act

Today, the Supreme Court of India issued a notice in a batch of fresh petitions challenging the constitutional validity of the Citizenship Amendment Act (CAA), 2019. The three-judge bench comprising Chief Justice of India tagged the five fresh petitions along with 160 other pending matters before the Court. The petitions were filed in February by Tamil Nadu Thowheed Jamath, Shalim, All Assam Law Students Union, Muslim Students Federation (Assam), and Sachin Yadav, but could not be listed due to the COVID-19 pandemic. In today's hearing, the petitioner’s lawyers sought an interim order from the Court to address the conflict of the CAA...

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No Special Treatment for Lawyers During Lockdown

Special Treatment

Today, the supreme court refused to entertain the petition filed by advocate Sachin Sharma regarding seeking a direction to the Government to formulate an appropriate scheme to support advocates from paying their rent, exclusively for the professional premises during the lockdown and observed that special treatment cannot be given to the advocates. After the Court declined the petition, the petitioner has withdrawn the petition and stated that we will withdraw the petition and send the same to the Government. In this petition, the petitioner had pointed out that many lawyers pay rent for their professional premises/rented office space during the lockdown period,...

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‘Mutual Will’ Comes into Effect on The Death of Either of The Joint Testators

High Court of Delhi recently passed a judgment in the case of Vikram Bahl & Anr. vs. Siddhartha Bahl and held that the right of the beneficiary under the mutual will accrue on the demise of either of the executants and during the lifetime of the other executant of the mutual will. "The principle of, a mutual will coming into effect and binding also the testator who may still be alive, on the death of one of the two testators, is well enshrined in the Indian Law", observed Justice Rajiv Sahai Endlaw while decreeing a suit. In the present appeal, late Wing...

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Full Refund of Flight Tickets Cancelled During Lockdown

Refund of Flight Tickets

Today, the Supreme Court issued a notice in a plea seeking appropriate directions against airlines to refund of flight tickets, which was canceled due to the nationwide lockdown. The petition filed by advocate Jose Abraham with NGO Pravasi Legal Cell submitted that the amount of the flights should be refunded which were booked during the lockdown and before the lockdown. Further, it was also argued that the amount collected by the airlines must be refunded to those who have booked their tickets before lockdown, but it was canceled due to a nationwide lockdown. The action of non-refund of the number of tickets...

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Restraining Landlords from Demanding Rent from Students and Labor Class Tenants

A plea has been filed before the Supreme Court regarding demand of rent by a landlord from their students, labor class tenants, amid the lockdown. The PIL has been filed by Pawan Parkash Pathak, Advocate, Delhi and Abhijeet (final year law student) Campus Law Centre, Delhi for restraining all landlords from forcing laborers & students to vacate their premises in case they fail to pay rent during the lockdown period. The petitioners pointed out that landlords are forcing the above class citizens to vacate the premises or being threatened to be thrown out of their...

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Plea in SC: Implementation of One Nation One Card

The problems which the world is facing due to the outbreak of novel coronavirus cannot be ignored. One is one of the developing countries where more than half of the population of the country are daily workers. These are those workers who do not have much savings. They are not prepared for the situation like this pandemic. But they are the major part of the country and it is the responsibility of the government to take care of them too. Many of these people are not in their hometown but are staying in temporary shelters due to the lockdown....

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COVID-19 testing kits are free only for economically weaker sections of the society

On 8th April 2020, the Supreme Court passed a decision in the case of Shashank Deo Sudhi v. Union of India as to free test of COVID-19 in both Govt. and approved private laboratories and also that the test must be carried out in NABL accredited labs or agencies approved by WHO or ICMR. However, the same bench has modified its order and said only those families who belong to the economically weaker sections of the society can claim for the free tests of COVID-19. The kits which are being used for the tests are imported and...

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Test of COVID-19 free of cost in Government and in approved private Laboratories

A Supreme Court bench comprising of Justice Ashok Bhusan and S. Ravindra Bhatt directed that the COVID-19 test should be done free of cost in both Government and approved private laboratories. The interim order was passed by the bench in a writ under Article 32 of the Constitution of India filed as PIL by Shashank Deo Sudhi. In PIL, petitioner challenged the decision of Government to cap the cost of the COVID-19 testing in private labs as Rs 4500/- and also prayed for free testing of COVID-19 in both Government and approved private laboratories. In PIL, the petitioner also prays that a...

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