In a recent landmark judgment on October 30, the Supreme Court, presided over by Justices Sanjay Kishan Kaul and Sudhanshu Dhulia, made a significant observation regarding the use of statements made to the police by witnesses as evidence during trial, as exemplified in the case of Birbal Nath vs State of Rajasthan and ors. The
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Intellectual Rigour, Redefining Judicial Courage: Supreme Court Justice SR Bhat’s Rich Legacy
After an illustrious career spanning more than 4 decades at the bar and bench, Justice Shripathi Ravindra Bhat retired as a Judge of the Supreme Court of India on October 20, 2023. Prior to his stint as a Supreme Court Judge, Justice Bhat served as the Chief Justice of Rajasthan High Court and as a
... Continue Reading.SpicyIP Tidbit: Acquiesce, Copyright Infringement, and Pending Suits in Trial Courts: Highlighting SC’s Recent Remarks
Image source – here The Supreme Court in Brihan Karan Sugar Syndicate Private Limited vs Yashwantrao Mohite Krushna Sahakari Sakhar Karkhana dealing with issues of passing off, acquiescence, underscored the pendency of suits in the Trial Courts in the State of Maharashtra and urged the Bar members’ cooperation with the Trial Courts. The case contains
... Continue Reading.Writ Petition Under Article 226 Cannot Be Entertained When Alternative Statutory Remedy Is Available By Way Of Appeal Under Section 17 Of The Sarfaesi Act, 2002–Supreme Court
Tuesday May 30, 2023. BY Shradha Patil, Malavika Sachin, Abdullah Qureshi | Debt Recovery The Hon’ble Division Bench of Supreme Court comprising of Justice M.R. Shah and CT Ravikumar in G Vikram Kumar V State Bank of Hyderabad & Ors. vide order dated 02.05.2023[i] held that for any action taken by the Bank in accordance
... Continue Reading.In Operational Claims Arising Out Of Several Invoices, Those Invoices Falling Within The Three-Year Period Preceding The Date Of Filing Should To Be Considered For The Purposes Of Limitation: Supreme Court
Monday May 8, 2023. BY | Bankruptcy Code – Public Announcements The Hon’ble Division Bench, Supreme Court of India, comprising of Justice Shri. Mukesh Kumar Rasikbhai Shah and Justice Shri C.T Ravikumar in the matter of M/s. Next Education India Pvt. Ltd. Vs. M/s. K12 Techno Services Pvt. Ltd (Civil Appeal No. 1775 of 2021), vide
... Continue Reading.Evidentiary Value Of Extra-Judicial Confession Also Depends On Person To Whom It Is Made : Supreme Court
While shedding light on the all-important evidentiary value of the extra judicial confession and so also on how it hinges a lot on the person to whom it is made and under what circumstances they can be accepted, the Supreme Court as recently as on
... Continue Reading.Supreme Court Clarifies The Law On Payment Of Fees To Arbitrators
Wednesday March 1, 2023. BY Arbitration Team | Arbitration and Conciliation The Hon’ble Supreme Court (the SC) in Oil and Natural Gas Corporation Ltd. vs. Afcons Gunanusa JV[1] settled law on applicability of the Fourth Schedule (“the Schedule”) of the Arbitration and Conciliation Act, 1996 (“the Act”)and in view of the same, imposed a ceiling
... Continue Reading.SpicyIP Tidbit: Supreme Court translates 1091 judgments into regional languages on Republic Day
Image by Freepik Today India marks the 74th year since it adopted the Constitution and identified itself as a “Republic”! This day celebrates the ability of our nation, bogged by colonial setup, to overcome the past and establish itself as the largest democracy in the world with perhaps the most diverse population. In a very
... Continue Reading.Access to any Supreme Court Case: Just a Few Clicks Away!
In this post our SpicyIP intern, Gaurangi Kapoor writes on the recently launched e-SCR platform, highlighting its key features. Gaurangi completed her LLM in IP and Technology law from Jindal Global Law School in 2022. Her current areas of interest are copyright, design and artificial intelligence. Access to any Supreme Court Case: Just a Few
... Continue Reading.Kaushal Kishor v. State Of UP: A Tale of Mis-Readings and Bad Externalising
We’re pleased to bring to our readers a guest post by Akshat Agrawal on the Supreme Court’s decision in Kaushal Kishor v. State of U.P. Akshat is an LLM student at Berkeley Law specialising in IP policy. He is a graduate of Jindal Global Law School and has previously clerked at the Delhi High Court.
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