Author: Anvita Dwivedi
In a significant development at the intersection of contractual obligations, public procurement and national energy policy, the Supreme Court has ordered maintenance of status quo in relation to ethanol supply allocation for the Ethanol Supply Year (ESY) 2025-26 while issuing notice on a Special Leave Petition filed by Bharat Petroleum Corporation Limited (BPCL). The interim order came after BPCL challenged a Karnataka High Court judgment directing Oil Marketing Companies (OMCs) to reconsider the representation of a private distillery seeking enhanced ethanol allocation, a direction which, according to the petroleum major, threatens to unsettle a procurement process that had already been…
The Supreme Court on Monday declined to grant urgent listing to a writ petition seeking the constitution of a court-monitored Special Investigation Team (SIT) to investigate the alleged embezzlement of donations received by the Shri Ram Janmabhoomi Teerth Kshetra Trust. While refusing to entertain the matter during the Court’s partial working days, the Bench clarified that the petition would be listed immediately after the regular functioning of the Court resumes. The order reflects the Court’s adherence to procedural discipline, indicating that although the allegations may be serious, they do not automatically satisfy the legal threshold required for extraordinary or urgent…
In a significant judgment that strengthens the jurisprudence governing motor accident compensation, the Supreme Court has reaffirmed that compensation under the Motor Vehicles Act must reflect the actual impact of an injury on a victim’s earning capacity rather than being mechanically determined by the percentage of physical disability certified by medical experts. Holding that the loss of a right leg above the knee rendered a mason completely incapable of pursuing his vocation, the Court ruled that the claimant had suffered 100% functional disability, notwithstanding the medical assessment of only 70% permanent physical disability. The ruling is a notable reaffirmation of…
The rapid evolution of the metaverse is compelling intellectual property law to confront questions that would have appeared purely hypothetical a decade ago. One such question is whether a trademark that has legally died in the physical marketplace can acquire a new commercial life inside a virtual economy. This phenomenon, increasingly described as the emergence of “Zombie Trademarks,” represents one of the most challenging frontiers of modern trademark jurisprudence. As brands migrate into digital ecosystems powered by blockchain technology, NFTs, virtual reality (VR), augmented reality (AR) and artificial intelligence, the distinction between an abandoned trademark and an economically valuable brand…
In a significant judgment reinforcing the settled principles governing appreciation of evidence in sexual offence cases, the Allahabad High Court has held that the mere medical finding of an “old torn hymen” cannot, by itself, entitle an accused to the benefit of doubt where the testimony of the rape survivor is otherwise found to be reliable, cogent and trustworthy. Upholding a conviction recorded over four decades ago in a rape case dating back to 1982, the Court rejected the defence argument that the medical evidence regarding the condition of the survivor’s hymen weakened the prosecution case. Instead, the Court reaffirmed…
In a significant legal setback for fugitive diamantaire Nirav Modi, the High Court in London has held him personally liable to repay more than USD 11.5 million (over ₹100 crore, including accruing interest) to the Bank of India under a personal guarantee executed in connection with credit facilities extended to one of his overseas business entities. The decision, delivered by Justice Simon Tinkler of the London Circuit Commercial Court, represents an important victory for the Indian public sector lender in its continuing efforts to recover public money through transnational civil litigation. More importantly, the ruling demonstrates the increasing willingness of…
In a judgment carrying significant constitutional and social implications, the Allahabad High Court has reiterated that neither executive authorities nor constitutional courts can enlarge or modify the list of Scheduled Castes notified under Article 341 of the Constitution by treating distinct caste communities as interchangeable synonyms of an existing Scheduled Caste. Rejecting claims seeking Scheduled Caste status on the basis that communities such as Nishad, Kevat, Mallah or Bind should be considered synonymous with the Scheduled Caste “Majhwar”, the Court held that any alteration, expansion or reinterpretation of the Presidential List lies exclusively within the legislative competence of Parliament. The…
In a significant pronouncement reinforcing the integrity of India’s criminal justice system, the Supreme Court has strongly deprecated the growing practice of accused persons voluntarily offering to deposit substantial sums of money to secure anticipatory or regular bail, only to subsequently challenge those very conditions before higher courts as being onerous or unauthorised. Observing that such conduct undermines the sanctity of judicial proceedings and amounts to an abuse of the process of law, a Bench comprising Justice K.V. Viswanathan and Justice N. Kotiswar Singh cautioned that litigants cannot be permitted to approbate and reprobate according to convenience after obtaining the…
In a significant judgment further advancing India’s evolving reproductive rights jurisprudence, the Bombay High Court has permitted the medical termination of a 26-week pregnancy after taking into account not only the presence of severe foetal abnormalities but also the petitioner’s acute financial hardship and her inability to provide lifelong medical care to a child likely to suffer from serious congenital disabilities. The Court, relying upon the opinion of a duly constituted Medical Board, held that constitutional courts are required to adopt a humane, rights-oriented approach while dealing with petitions seeking termination beyond the statutory gestational limit. The decision reiterates that…
A long-running religious and constitutional controversy surrounding the historic Thiruparankundram Hill in Tamil Nadu has once again reached the Supreme Court, with the State Government challenging a Madras High Court order permitting the lighting of a lamp at the “Deepa Thoon” (stone lamp pillar) situated atop the hill. The appeal marks the latest chapter in a dispute that has gradually evolved from a local religious practice into a significant constitutional debate involving religious freedom, management of temple rituals, competing historical claims, administrative authority, and the State’s obligation to maintain public order. The controversy centres around Thiruparankundram Hill in Madurai, one…