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Publications Archives - Page 2 of 14 - Karavadi & Associates

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Arbitrability of Claims Cannot Be Decided at Section 11 Stage

In Office for Alternative Architecture v. Ircon Infrastructure And Services Ltd., 2025 INSC 665, the Hon’ble Supreme Court set aside an order of the Hon’ble Delhi High Court order which had excluded certain claims as non-arbitrable in view… Read more »

Functional Disability Must Prevail Over Mechanical Schedule Interpretation

In Kamal Dev Prasad v. Mahesh Forge, 2025 INSC 591, the Hon’ble Supreme Court while considering an issue of workplace injury compensation under the Employees’ Compensation Act,1932 held that a disability and loss of earning capacity should not… Read more »

High Court Can’t Become Guardian of Limitation Without Pleadings : Limitation Must Be Pleaded, Not Presumed

In Jai Ram Vs. Som Prakash & Anr. etc., 2025 INSC 227, the Hon’ble Supreme Court chided the High Court for setting-aside a reasoned order of the District Court on the ground of limitation when the issue of… Read more »

Substance Over Form: The Supreme Court’s Fiduciary Turn in Resource Allocation

Abstract The Supreme Court’s decision in Kamla Nehru Memorial Trust v. U.P. State Industrial Development Corporation Ltd. (2025 INSC 791) represents more than the resolution of a dispute over an industrial allotment. It marks a doctrinal convergence of… Read more »

Supreme Court Restrains Courts from Ordering Counselling, Issues Landmark Guidelines to Protect Autonomy, particularly with respect to their sexual orientation

In Devu G. Nair v. State of Kerala, 2024 INSC 228, the Hon’ble Supreme Court, while hearing a criminal appeal against interim orders of the Kerala High Court in a writ of habeas corpus, laid down important guidelines… Read more »

Accused Has A Right To Undergo Voluntary Narco-Analysis Test At An Appropriate Stage

In Amlesh Kumar v. State of Bihar, 2025 INSC 810, the Hon’ble Supreme Court, while hearing a criminal appeal, sharply criticised the Bihar High Court for permitting involuntary narco-analysis tests and conducting a roving inquiry at the bail… Read more »

An Application For Claiming Juvenility May Be Made Even After The Judgment And Order Of Conviction And Sentence Has Been Granted Against A Person Which Has Attained Finality.

In State Of Madhya Pradesh v. Ramji Lal Sharma & Anr., 2024 INSC 747, the Hon’ble Supreme Court while dealing with a miscellaneous application in a criminal appeal disposed earlier, set aside the conviction and sentence of life imprisonment… Read more »

Sometimes, In The Quest For Justice We End Up Doing Injustice.

In High Court Bar Association, Allahabad v. State of U.P. & Ors., 2024 INSC 150, a Constitution Bench of the Hon'ble Supreme Court while overruling its own three-judge bench decision, unanimously held that automatic vacation of stay orders… Read more »

Bulldozer Justice Simply Unnacceptable – Citizens’ voices cannot be throttled by a threat of destroying their homes.

The Hon’ble Supreme Court while adjudicating a Suo Moto Writ Petition captioned “In Re Manoj Tibrewal Akash, 2024 INSC 863”(registered on the basis of a letter by a senior journalist) held that the state must follow due process… Read more »

Supreme court chooses conclusive adjudication over procedural rigmarole with respect to Divorce at least at the final leg of litigation.

In this landmark case of Shilpa Sailesh v. Varun Sreenivasan 2023 INSC 468 a five-judge Constitution Bench of the Supreme Court, led by Justice Sanjiv Khanna, clarified the scope of Article 142 of the Indian Constitution . The… Read more »

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