Tag Archives: review

Review petition maintainable before High Court: SC

The Supreme Court of India clarified that a review petition is maintainable before the High Court seeking review of a judgment against which the special leave petition has already been dismissed by the Supreme Court in limine. A Large (three) … Continue reading

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Consumer cases cannot be arbitrated: SC

The Supreme Court recently reiterated that consumer cases cannot be arbitrated under the normal scenario although there is no inhibition in disputes being proceeded in arbitration. “We may, however, hasten to add that in the event a person entitled to … Continue reading

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Minority institutions couldn’t act arbitrarily: SC

The Supreme Court of India held that a minority institution could not act arbitrarily or unfairly in dealing with the selection of the eligible candidates despite their autonomy under Article 30 of the Constitution of India and the courts does have … Continue reading

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Death sentence cannot be carried out in an arbitrary manner: SC

The Supreme Court of India clarified that the execution of death sentence cannot be carried out in an arbitrary manner without following the due process of law. “Condemned prisoners also have a right to dignity and execution of death sentence … Continue reading

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Review petitions to be heard in open court: SC

The Supreme Court of India ruled that a review petition in cases in which death sentence has been awarded should be heard in open court by the same Bench which originally heard the appeal. A Constitutional Bench said that if … Continue reading

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Section 377 of Indian Penal Code constitutional: SC

The Supreme Court of India overruled a Delhi High Court judgment that held Section 377 of Indian Penal Code prohibiting “carnal intercourse against the order of nature” as unconstitutional and infringed the fundamental rights of people. The Court, however, said … Continue reading

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Magistrate issuing summons under CrPC can’t recall or review the order: SC

The Supreme Court of India clarified that a Magistrate, after having found sufficient ground for proceeding in case and issuing summons under Section 204 Criminal Procedure Code (“CrPC”), has no jurisdiction to recall or review the order by exercising its … Continue reading

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