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.
Judicial precedents play a crucial role in shaping legal principles and ensuring consistency in the application of the law. However, there are instances where two Supreme Court judgments appear to contradict each other, creating a complex situation for High Courts. How should High Courts proceed in such cases? Can they Read more »
Introduction: The Rationale Behind the 2015 Amendments The 2015 amendments to the Arbitration and Conciliation Act aimed to revolutionize the arbitration process in India, focusing on enhancing time and cost efficiency, and ensuring flexibility of procedures with minimal judicial intervention. Despite these progressive intentions, the imposition of 100% security deposits Read more »
In All India Judges Association v. Union of India (2025), the Supreme Court, led by CJI BR Gavai, mandated a minimum of 3 years' advocacy practice for candidates seeking entry-level judicial posts, restoring the pre-2002 requirement. The Court held that first-hand courtroom experience is crucial for judicial competence and cannot Read more »
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