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Supreme Court Constitution/5-Judge Bench Roundup | The momentous same-sex marriage hearing dominates the month of April 2023; Big ruling on unstamped


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Judgment Delivered​

N.N. Mercantile Private Limited v. Indo Unique Flame Limited, Civil Appeal 3802-3803 of 2020

Judgment Delivered on: 25-04-2023

K.M. Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and C.T. Ravikumar

Abridgement: It was an appeal against a full bench judgment challenging the non-admissibility of an unstamped arbitration agreement. The Bench in a 3:2 majority held that unstamped arbitration agreements are not valid in law.

Judgment Reserved​

Cox and Kings Limited v. SAP India Private Limited, Arbitration Petition 38 of 2020

Judgment Reserved on: 12-04-2023.

Dr. Dhananjaya Y. Chandrachud, C.J., Hrishikesh Roy, Pamidighantam S. Narasimha, J.B. Pardiwala and Manoj Misra J.J.,

Abridgement: The Constitution Bench reserved the matter of Cox and Kings Limited v. SAP India Private Limited, pertaining to the issue of:

  1. Whether the Group of Companies Doctrine exists in Indian jurisprudence, independent of statutory provision?
  2. Whether the same can be read into Section of the (‘Arbitration Act’)?

  3. Whether it should continue to be invoked on grounds of a single economic reality principle? 4. Whether it should be construed as a means of interpreting the implied intent or consent to arbitrate between the parties?

Matters Heard​

Karmanya Singh Sareen v. Union of India SLP (C) 804 of 2017

Last Date of Hearing- 11-04-2023

Next Date of Hearing- August 2023

K.M. Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, C.T. Ravikumar J.J.,

Abridgment– The Bench considered the submission made by the Attorney General for India, R. Venkataramani appearing on behalf of the Center, that the new Data Protection Bill was ready to be introduced in the Monsoon Session of the Parliament to be held in July 2023 which would address all the concerns raised by the petitioners, during the course of hearing of the matter pertaining to the latest privacy policy of WhatsApp. The Bench deferred the hearing till August 2023.

Supriyo v. Union of India, Writ Petition (Civil) 1011 of 2022

Coram: Dr. Dhananjaya Y. Chandrachud, C.J., Sanjay Kishan Kaul, S. Ravindra Bhatt, Hima Kohli and Pamidighantam S. Narasimha J.J.

Abridgement: This is a batch of petitions seeking legal recognition of same sex marriage under several Acts, including the , the and the and the same be made gender neutral.

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