Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citation 756 - 776) Part 3 [September 12, 2022 – September 18, 2022]

Administrative Law - The decision of the State in its executive power cannot be contradictory to the express provision of the statutory Rules, but where the statute and Rules are silent, the State Government, in exercise of its executive power, is competent to supplement the rules. The executive power of the State is to supplement and not supplant. Director of Teacher's Training...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index-September 5, 2022 – September 11, 2022]

Arbitration and Conciliation Act, 1996; Section 7, 11 - Section 7 of the Act does not mandate any particular form for the arbitration clause - Even if we were to assume that the subject­clause lacks certain essential characteristics of arbitration like "final and binding" nature of the award, the parties have evinced clear intention to refer the dispute to arbitration and abide by...

Supreme Court Monthly Digest- August 2022

Sec 24(1) RFCTLARR Act- Land Acquisition Proceedings Get "Initiated" From Publication Of Sec 4(1) Notification Under 1894 Act : Supreme CourtCase Status: Haryana State Industrial and Infrastructure Development Corporation vs Deepak Aggarwal | 2022 LiveLaw (SC) 644 | SLP (C) 6631-16632/2018In a judgment delivered on Thursday (28 July 2022), the Supreme Court explained the meaning of...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [August 29, 2022 - September 4, 2022]

Administrative Law - Inter-departmental communications cannot be relied upon as a basis to claim any right - Merely writing something on the file does not amount to an order. Before something amounts to an order of the State Government, two things are necessary. First, the order has to be expressed in the name of the Governor as required by clause (1) of Article 166 and second, it has to...

Supreme Court Monthly Digest With Nominal And Subject/Statute Wise Index

Administrative Tribunals Act, 1985; Section 17 - Power of CAT to punish for contempt - Central Administrative Tribunal Rules 13 & 15 - CAT cannot punish for contempt committed in the face of it without trial when the alleged contemnor denies charges - Procedure under Section 14(1)(c) of the Contempt of Courts Act to be followed- CAT has no power of the Supreme Court under Articles...

Supreme Court Half Yearly Digest 2022 (Jan - Jun) Insolvency and Bankruptcy Code, 2016

Companies Act, 1956 - Insolvency and Bankruptcy Code, 2016 - Appeal against NCLAT order which dismissed appeals against NCLT order denying relief to appellant workmen/employees with regard to their claim relating to salary, which they claimed for the period involving CIRP- Partly allowed - (i) That the wages/salaries of the workmen/employees of the Corporate Debtor for the period...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index- August 22 - 28, 2022

Benami Transactions (Prohibition) Amendment Act, 2016 - The 2016 Amendment Act was not merely procedural, rather, prescribed substantive provisions. (Para 18.1) Union of India v. Ganpati Dealcom Pvt. Ltd., 2022 LiveLaw (SC) 700 CBSE is only a society registered under the Societies Registration Act, 1860 and the school affiliated to it is not a creature of the statute and hence not...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index-August 15-21

Administrative Tribunals Act, 1985; Section 17 - Power of CAT to punish for contempt - Central Administrative Tribunal Rules 13 & 15 - CAT cannot punish for contempt committed in the face of it without trial when the alleged contemnor denies charges - Procedure under Section 14(1)(c) of the Contempt of Courts Act to be followed- CAT has no power of the Supreme Court under Articles...

Supreme Court Half Yearly Digest 2022 (Jan - Jun) Tax

Central Goods and Services Tax Act, 2017; Section 56 - In terms of the principal part of Section 56 of the CGST Act, the interest would be awarded at the rate of 6 per cent. The award of interest at 9 per cent would be attracted only if the matter was covered by the proviso to the said Section 56 - Wherever a statute specifies or regulates the interest, the interest will be payable...

Supreme Court Half Yearly Digest 2022 (Jan - Jun) CONSUMER LAW With Parallel Citations

Consumer Law - Transfer Petition filed seeking transfer of consumer complaints pending before Consumer fora to Bombay High Court - Dismissed - The consumer complaints are filed under the Consumer Protection Act, therefore, such consumer complaints cannot be transferred to the High Court exercising the jurisdiction under Article 226 of the Constitution of India. Yes bank v. 63...

Supreme Court Weekly Digest With Nominal And Statute/Subject Wise Index [August 7 to August 14, 2022]

Code of Criminal Procedure, 1973; Section 154 - FIR -Police officers cannot exercise any discretion when they receive a complaint which discloses the commission of a cognizable offence - Whether or not the offence complained of is made out is to be determined at the stage of investigation and / or trial. If, after conducting the investigation, the police find that no offence is...

Supreme Court Weekly Digest 2022 With Nominal And Subject/Statute Wise Index [August 1 to7]

Arbitration and Conciliation Act, 1996; Section 11(6), 7 - High Court order proceeds on an understanding that the Counsel for both the sides did not dispute the fact that a clause of the Contract Agreement provided for appointment of an arbitrator - An understanding of counsel, cannot be regarded as a binding statement of law on the existence of an arbitration agreement. (Para 18)...