Satish Law Agency

The Supreme Court was hearing the grievance of the petitioner that because of lock­down, the children are unable to interact with their parents even though they have visitation rights for the purpose. Supreme Court in its order dated 30.04.2020 in case titled  Tanuj Dhawan Vs. Court In Its Own Motion  has directed that Parents Having Visitation Rights To Maintain Contact With Children Via Electronic Means During Lockdown. In India, courts mostly award custody of minor children to mothers while granting visitation and vocational rights to fathers in a soured marriage.  A PIL in the Supreme Court on Thursday sought resolution of the difficulty faced by the parent who has not got custody of children. Petitioner V Srinivas Rao requested a bench of Justices N V Ramana, Sanjay K Kaul and BR Gavai to lay down guidelines for many parents who are unable to meet and interact with their children because of the lockdown. The bench, which was hearing the PIL through video-...

Latest Judgement Supreme Court of India Christian Medical college Vellore Association Vs. Union of India and Others Transferred Case (CIVIL) No.98 of 2012 along with 76 other similar petitions. Decided on 29.04.2020 The Supreme Court while deciding various appeals by the private medical colleges, deemed universities, and state governments who wanted to hold their own separate entrance tests granting admission to MBBS and BDS courses held that The National Eligibility Entrance Test, or NEET, the single entrance exam for all medical colleges, will apply to minority institutions providing medical courses. Christian Medical College, Vellore, had challenged the NEET route for admissions, arguing that it violated the institution’s minority rights enshrined under Article 30. On NEET, Supreme Court ruled single window National Eligibility-cum-Entrance Test (NEET) would be mandatory for admissions to medical and dental courses offered by private unaided minority medical/dental colle...

Latest Judgement Supreme Court of India The Prevention of Corruption Act, 1947 was amended in 1964   based   on   the   recommendations   of   the   Santhanam Committee. Although, there are provisions in Chapter IX of the Indian Penal Code to deal with public servants and those who abet them by way of criminal misconduct, they were found to beinadequate to deal with the offence of corruption effectively.  To make   the   anti­-corruption   laws   more effective, the Prevention of Corruption Bill was introduced in the Parliament. The object and statement of reasons   of   the   Act,   1988   was intended to make the existing anti-corruption laws more effective by widening their coverage and by strengthening the provisions. The Act 1988 caters to its wide scope by providing for “different paths to liability, some o...

LATEST JUDGEMENT SUPREME COURT: Death sentence imposed by Trial Court and confirmed by the High Court converted into life imprisonment. The Supreme Court in the judgement dated 24.04.2020 in the case of  Arvind Singh Versus State of Maharashtra Criminal Appeal Nos. 640-641 OF 2016  directed against the judgement and order  passed by the High Court of Judicature at Bombay (Nagpur Bench) on 5th May, 2016 whereby the appeals filed by the appellants  against their conviction for  offences punishable under Section 364A read with Section 34 of  the Indian Penal Code, 1860  and Section 302 read with Section 34  IPC was dismissed by confirming the death sentence imposed upon  them by the learned Sessions Judge, Nagpur. The Supreme Court while considering all the circumstances and facts on record, opined that the present case falls short of the “rarest of rare” cases where a death sentence alone deserves to be awarded to the appellants.  The...

LATEST JUDGEMENT SUPREME COURT: L egal principles applicable to the making of a testamentary document like Will, its proof, and its acceptance by the Court. The Supreme Court in the judgement dated 24.04.2020 in the case of Shivakumar & ors. Versus Sharanabasappa & ors. Civil Appeal No. 6076 OF 2009  while deciding the appeal challenging the judgement and decree dated 26.10.2007 passed by the High Court of Karnataka at Bangalore whereby, the High Court reversed the judgement and decree dated 12.09.2001 passed by the Court of Civil Judge (Senior Division), Koppal which essentially revolved around the question of genuineness of the Will in question.      The High Court observed while examining the basic contentions of the defendants that by its very nature, the Will appeared to be a fabricated document. After taking note of the discrepancies in the document itself and other unnatural circumstances as also after analysing the evidence of the star wit...

M/s Gupshup Technology India Pvt. Ltd. (Operational Creditor) filed application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as ‘I&B Code’) against ‘M/s Interpid Online Retail Pvt. Ltd.’ (‘Corporate Debtor’) which having rejected by Adjudicating Authority (National Company Law Tribunal), Bengaluru Bench, Bengaluru by order dated 8th November, 2018, the present appeal has been preferred by the Appellant. The Adjudicating Authority held that the claim is barred by limitation and there is existence of dispute. Appellant states that the record of the services carried out as on 5th September, 2017 shows that the Respondent availed the services through the SMS Dashboard and had its own dedicated user name and password for logging. However, the Respondent in their email dated 5th September, 2017 sought details of email logs and other supporting documents in order to verify the invoices. 7. The Appellant issued a Demand Notice under Section 8(1) on 2...

In a huge relief to senior journalist and anchor Arnab Goswami, the Supreme Court barred various state governments from taking coercive action against him. It also provided him protection from arrest for three weeks. A two-judge bench of the apex court comprising Justices DY Chandrachud and MR Shah issued notices to the Union Government and different states where cases against Arnab Goswami have registered. The bench also asked the editor to bring all the complaints on record and amend his petition for clubbing of all cases. The bench also asked the Goswami to move an anticipatory bail plea before the trial court within three weeks for continued protection. The bench clarified that all allegations against Goswami is to be investigated through one FIR in Mumbai. The bench also asked the Mumbai police commissioner to ensure the safety of the journalist. Significantly, Justice DY Chandrachud observed that there should be no restraint on the media. READ COMPLETE ORDER BELOW :-