Section 18A – SC/ST Act, 1989 – Constitutional Validity – The Apex Court, observed that provisions of Section 438 Cr.PC shall not apply to the cases under Act. However, if the complaint does not make out a prima facie case for applicability of the provisions of the Act of 1989, the bar created by section 18 and 18A(i) shall not apply. Also, it has overruled the previous judgement of Dr.SUBHASH KASHINATH MAHAJAN Vs. THE STATE OF MAHARASHTRA & ANR – (2018) 6 SCC 454.
The Brundtland Commission described sustainable development as a model of progress that safeguards the needs of future generations while addressing those of the present.1 This conception was never intended to become a pretext for developing economies to deplete ecological resources in pursuit of economic expansion.... Read more »
In Somdatt Builders – NCC – NEC (JV) vs. National Highways Authority of India & Ors. (Civil Appeal No. 2058/2012), the Supreme Court upheld the arbitral tribunal’s award, emphasizing minimal judicial interference under Section 34 of the Arbitration Act. It reiterated that courts do not act as appellate bodies and can only set aside an... Read more » Read more »
The Karnataka High Court in Sri Lalji Kesha Vaid v. Sri Dayanand R. reaffirmed that criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881, remain maintainable even if a civil suit for recovery of the same amount has been initiated. Citing Vishnu Dutt Sharma v. Daya Sapra (2009) 13 SCC 729, the court... Read more » Read more »
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