Blogs by OneLawStreet

A three judge bench of the Supreme Court of India, while hearing a reference made by a two-judge bench, has held that “in transfer petition, video conferencing cannot be directed” . The aforesaid view was taken by Chief Justice of India Dipak Mishra and Justice AK Khanwilkar. Justice DY Chandrachud ...

Arbitrability of disputes cannot be raised post-award, reiterates Supreme Court

by OneLawStreet on in Litigation, arbitration & dispute resolution
Supreme Court of India has on October 3, 2017, in the case of Sri Chittaranjan Maity v. Union of India , dealt with the issue of the stage at which the arbitrability of a dispute can be decided. Referring to section 37(1) of the Arbitration and Conciliation Act, 1996 (Act), Court also held that an a...

SC asks Centre, social media websites on AoR’s petition for keeping Indians’ data in India

by OneLawStreet on in Litigation, arbitration & dispute resolution
Supreme Court of India has issued notice in a public interest litigation petition filed by Pallav Mongia, an Advocate-on-Record at the Supreme Court which seeks a direction “to prohibit transfer of data pertaining to citizens of Union of India outside the territory of Union of India other than when ...
The National Company Law Tribunal, Mumbai Bench presided over by Justice (Retd.) B.S.V Prakash Kumar has on April 10, 2017 passed a detailed order interpreting certain provisions of Insolvency and Bankruptcy Code, 2016. This order came to be passed in an application filed by DF Deutsche Forfait AG (...
Justice RM Lodha A public interest litigation petition has been filed before the Supreme Court of India for declaring the recommendations of the ‘Supreme Court Committee on Reforms in Cricket’ commonly known as Justice Lodha Committee as violative of article 12, 14 and 19 of the Constitution of Indi...

PILs on SC’s last day of the year: national liquor policy and safety from telecom equipment

by OneLawStreet on in Litigation, arbitration & dispute resolution
On its last working day of the year 2016, Supreme Court of India would, among other matters, hear two interesting fresh matters: 1. PIL for ‘National Liquor Policy’. A petition has been filed by advocate Ashwini Kumar Upadhyay seeking framing of a national liqour policy to curtail liquor and other i...

Delhi High Court asks RBI, Centre of their view on card payment surcharge

by OneLawStreet on in Litigation, arbitration & dispute resolution
Delhi High Court Hearing a public interest litigation claiming that the surcharge levied on credit and debit card transactions was “illegal” and “discriminatory”, Delhi High Court has sought the view of Ministry of Finance and Reserve Bank of India, reported PTI . Case No. W.P. (C) No. 10838 of 2016...

SC junks (another) ML Sharma’s PIL to stop govt funding to Kashmiri separatists [Read Order]

by OneLawStreet on in Litigation, arbitration & dispute resolution
Supreme Court of India has dismissed a public interest litigation (PIL) petition seeking a declaration that the release of government funds to Jammu and Kashmir-based separatists was “unconstitutional and illegal”. Not impressed by the arguments of the petitioner-in-person, advocate ML Sharma, bench...

Gujarat HC issues notice to Centre, Guj Govt & Niantic Inc over Pokémon Go [Read Order]

by OneLawStreet on in Litigation, arbitration & dispute resolution
pokemon-1574648_640 Gujarat High Court has on September 7, issued notice to Union of India, Gujarat Government and the California based Niantic Inc. in a public interest litigation (PIL) petition alleging that the mobile game Pokémon Go hurts religious sentiments by showing eggs being collected in d...

The SC was right in upholding criminal defamation: Here's a better road to abolition

by OneLawStreet on in Litigation, arbitration & dispute resolution
By: Siddharth Sijoira [Author is an advocate at the Supreme Court of India] The Supreme Court verdict upholding the constitutional validity of criminal defamation under sections 499 and 500 is timely and conforms to the larger societal needs. The court has correctly opined that the right to freedom ...
President of India has issued ordinances partly nullifying the orders of the Supreme Court of India regarding NEET exam for entrance to medical and dental colleges. The ordinances amend the Indian Medical Council Act, 1956 and the Dentists Act, 1948. These ordinances provide for a uniform entrance e...

PIL before Supreme Court seeks ban on WhatsApp for its encryption. Is the law grey?

by OneLawStreet on in Litigation, arbitration & dispute resolution
whatsapp-1317538_640 While Indian citizens await setting up of a Constitution bench by the Supreme Court of India to determine if there is fundamental right to privacy under the Constitution of India, a public interest petition has been filed before SC seeking ban on Whatsapp, Telegram, and other me...

Reviewing NEET Decision – Highlighting procedural impropriety and gaps in writing judgments

by OneLawStreet on in Litigation, arbitration & dispute resolution
Supreme_Court_of_India Recently, a Constitution Bench (comprising of five Judges) of the Supreme Court of India has allowed the Review Petition and recalled its judgment dated 18 July 2013 and directed that the matters be heard afresh . The operative para reads as under:- “We, therefore, allow these...

Supreme Court seeks Attorney General’s view on Jairam Ramesh’s challenge to Aadhaar

by OneLawStreet on in Litigation, arbitration & dispute resolution
Supreme Court of India has asked for the view of Attorney General for India in the challenge to the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. When the matter was called for hearing, senior counsel P Chidambaram and Kapil Sibal appeared for the pet...

Supreme Court admits PIL for fresh FIR against Mayawati in DA case

by OneLawStreet on in Litigation, arbitration & dispute resolution
Supreme_Court_of_India Supreme Court of India has admitted a 2014-public interest litigation (PIL) petition seeking filing of a fresh FIR against ex-UP CM and BSP supremo Mayawati for disproportionate assets in light of the fresh material available. Hearing the PIL filed by ex-BSP leader Kamlesh Ver...

Five-judge bench of SC allows review of NEET judgment; orders fresh hearing [Read Order]

by OneLawStreet on in Litigation, arbitration & dispute resolution
Supreme In an important development, a five-judge bench of the Supreme Court of India has allowed the petitions seeking review of the 2013 judgment of the three-judge bench of the court which had ruled that the Medical Council of India’s (MCI) notifications for holding common entrance tests for MBBS...

Supreme Court directs Centre and States to formulate plans for disaster management

by OneLawStreet on in Litigation, arbitration & dispute resolution
Supreme_Court_of_India The Supreme Court of India has directed the central and state governments to formulate a national plan for disaster management to provide relief and rehabilitation to those affected by calamities. On April 5, the order was passed by a bench comprising of Justices Dipak Misra a...

SC modifies its judgment – allows CM, Gov & Ministers on Govt ads along with PM, Prez & CJI

by OneLawStreet on in Litigation, arbitration & dispute resolution
download-order Modifying its historic judgment last year , while deciding review petitions filed by various state governments, Supreme Court of India has now permitted the publication of photographs of the governors and the chief ministers of states in addition to those of President, Prime Minister ...

Supreme Court asks to maintain status quo on Punjab – Haryana SYL canal [Read Order]

by OneLawStreet on in Litigation, arbitration & dispute resolution
Supreme_Court_of_India Supreme Court of India has ordered that status quo be maintained on the Sutlej-Yamuna Link (SYL) canal and has appointed the Union home secretary and Punjab chief secretary and director general of police (DGP) as receiver of the canal. A Constitution Bench of the Court observe...

Understanding the Law of Sedition | Opinion

by OneLawStreet on in Litigation, arbitration & dispute resolution
Constitution-of-India-preamble Siddharth Sijoria, an advocate practising at the Supreme Court of India, writes about the law of sedition in India. This article was first published in the magazine ‘Lawyers Update’, March 2016. The Famous American Judge, Justice Oliver Wendell Holmes had declared in 1...