The Code of Civil Procedure, 1908 (CPC) provides a comprehensive framework for civil adjudication, ensuring that frivolous or legally untenable suits do not burden the courts. One of the crucial procedural safeguards in this regard is Order VII Rule 11, which empowers a court to reject a plaint at the threshold under specific circumstances. Among
... Continue Reading.SpicyIP Weekly Review (October 13 – October 19)
DHC’s much anticipated judgment in Roche v. Natco and the eternal genus-species conundrum, more episodes from SpicyIPTV, and the DHC’s welcome clarification on the scope of qua timet injunctions. This and much more in this week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Highlights of
... Continue Reading.Call for Book Chapters: Constitutionalism in South Asia | Faculty of Law, SGT University
Faculty of Law, SGT University, in collaboration with Walnut Publishers, is inviting submissions for book chapters for an edited Book titled Constitutionalism in South Asia: Crises, Challenges, and Comparative Experiences. About Faculty of Law The Faculty of Law, SGT University, Gurugram, is committed to delivering quality legal education that blends academic rigor with practical training.
... Continue Reading.SUPREME COURT HOLDS CONTENT OF DEED GOVERNS STAMP DUTY OVER NOMENCLATURE
The Supreme Court of India delivered a significant Judgment on October 8, 2025, in M/s Godwin Construction Pvt. Ltd. v. Commissioner, Meerut Division & Anr. (S.L.P. (CIVIL) No. 36434 of 2014), reaffirming a crucial precedent in stamp duty law. The Two-Judge bench of Justice Prashant Kumar Mishra and Justice Ahsanuddin Amanullah clarified that the content and legal effect
... Continue Reading.SUPREME COURT UPHOLDS DUE PROCESS IN EMPLOYMENT TERMINATIONS SETTING ASIDE SUSPENSION OF JHARKHAND SCHOOL TEACHERS
IntroductionIn a significant Judgment titled Ravi Oraon v. The State Of Jharkhand & Ors. (Civil Appeal No. 11748 of 2025), the Supreme Court of India recently restored the services of certain school teachers in Jharkhand who were dismissed months after their appointment on the ground of ineligibility, based on a charge not raised in the
... Continue Reading.NOTE
NOTE In view of the Diwali holidays, no new articles will be published during the week of 25th October 2025, as the Supreme Court will remain closed for the Diwali recess. We will resume publishing our regular articles from 1st November 2025. Wishing all our readers a very Happy and Prosperous Diwali! Read More
... Continue Reading.JUDICIAL SELF-RESTRAINT AND THE LIMITS OF CBI REFERRALS: A REAPPRAISAL BY THE SUPREME COURT
In Legislative Council, U.P. Lucknow & Ors. v. Sushil Kumar & Ors., Civil Appeal Nos. 11842–11846 of 2025, decided on 16 October 2025, the Supreme Court of India, comprising Justice J.K. Maheshwari and Justice Vijay Bishnoi, revisited the delicate balance between judicial activism and judicial restraint in matters involving investigative directions to the Central Bureau
... Continue Reading.BETWEEN HOMES AND HOPES: SUPREME COURT’S STAND ON SPECULATIVE INVESTMENTS UNDER THE INSOLVENCY CODE
INTRODUCTIONThe Supreme Court of India in Mansi Brar Fernandes v. Shubha Sharma & Ors., 2025 INSC 1110, decided on 12 September 2025, by Justice R. Mahadevan, delivered a landmark Judgment addressing the interplay between genuine homebuyers and speculative investors under the Insolvency and Bankruptcy Code, 2016 (IBC). The decision, arising out of multiple connected appeals,
... Continue Reading.THE LIMITS OF SUMMARY DISMISSAL — SUPREME COURT CLARIFIES THE SCOPE OF ORDER VII RULE 11 CPC
INTRODUCTIONIn Karam Singh v. Amarjit Singh & Ors., Civil Appeal Nos. 3560–3561 of 2023, decided on 15 October 2025, a Bench comprising Justice J.B. Pardiwala and Justice Manoj Misra of the Supreme Court of India delivered an important ruling on the principles governing rejection of plaints under Order VII Rule 11 of the Code of
... Continue Reading.Permanent Establishment Not a Prerequisite for Taxation of Non-Resident Companies
In a landmark judgment that strengthens India’s global business and tax jurisprudence, the Supreme Court of India in Pride Foramer S.A. v. Commissioner of Income Tax & Anr. (2025 INSC 1247) held that a permanent establishment (PE) is not a prerequisite for taxation of non-resident companies on income accruing or arising in India. The Court
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