Keeping Pace with Legal Change
Significantly, the Supreme Court on Monday dismissed the Indian Medical Association’s (IMA) petition regarding deceptive traditional medicine advertisements and overturned…
The Supreme Court showed serious concern regarding reports and images of manual scavenging and unsafe cleaning being conducted on the premises of the Supreme Court itself. The Bench expressed disapproval of the continued work, even after a national ban, ordered the officials to provide an account, and indicated criminal action to follow if an adequate response was not provided. The case emphasizes the Court’s determination to remove inhuman cleaning practices and preserve stringent mechanisms for the health and dignity of sanitation workers.
The Supreme Court is distressed by the delays and lack of performance of High Court judges. In light of the recent complaints about unscheduled breaks and the fact some judges had not delivered verdicts that had previously been reserved, the Supreme Court believes some form of a performance audit is necessary to find out whether High Court judges are producing an output consistent with public expenditure. This would aim to restore confidence in the judicial system through enhanced speedy justice and greater transparency.
The Supreme Court made it clear that regulatory assets are only expected to be very rare, limited to only 3% annually of revenue, and to be fully recovered in 3 years for new or later assets and 5 years for existing or prior assets. Regulatory Commissions are expected to set up cost-reflective tariffs and equally manage regulatory assets in a fully transparent manner and subject to rules and policies. The judgment imposes strict accountability, and has empowered APTEL to ensure compliance and control against regulatory failure.
The Supreme Court has established that pending criminal proceedings based upon allegations of “simple fraud” (like cheating or breach of trust) does not prevent arbitration proceedings from progressing; only cases alleging “serious fraud” or cases that challenge the validity of the arbitration agreement or that protect public policy will estop an individual from arbitrating a dispute.
Recently and in an area of brouhaha, the Supreme Court of India has proffered a legal end to a controversial…
The legal aspects of marriage in India have marked a radical and a historic transformation. Although this once might be…
I am deeply distressed by some things happening in the Supreme Court, which has compelled me to write this to…
There is a clearly defined structure in the judicial system of India with Supreme Court as the highest Court of…
The Supreme Court has now articulated the sustainable guidelines on when registered societies can be regarded as “constructive trusts” for charitable purposes under Section 92 of the CPC. The Court concluded that in the context of public good, trust or no trust, societies who hold title to properties for public good, do so in a fiduciary capacity. Accordingly, the Courts can provide relief in the case of alleged fraud, breach (or mismanagement) or simply do not aesthetic objective directions as part of the administration.
