Supreme Court Monthly Digest July 2022 (Citations 560 - 646)

Arbitration and Conciliation Act, 1996; Section 11 - Even if an aspect with regard to 'accord and satisfaction' of the claims may/can be considered by the Court at the stage of deciding Section 11 application, it is always advisable and appropriate that in cases of debatable and disputable facts, good reasonably arguable case, the same should be left to the Arbitral Tribunal. (Para...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (July 25 - July 31, 2022)

Carriage by Air Act, 1972; Rule 30 - Limitation Act, 1963; Section 29(2) - Rule 30 expressly excludes the Limitation Act as provided in Section 29 - Rule 30 (2) does not enable applicability of exclusion of periods for the purpose of reckoning the period of two years. (Para 43) Bhagwandas B. Ramchandani v. British Airways, 2022 LiveLaw (SC) 645 Child Custody - The question 'what is...

Supreme Court Half Yearly Digest [2022] On Arbitration With Parallel Citations

Arbitration - Revocation of Arbitration Clauses and Reopening of Awards Act, 1998 (Kerala) - The Act is liable to be held unconstitutional on the ground of encroachment upon the judicial powers of the State - The Act has the effect of annulling the awards which have become "Rules of Court", is a transgression on the judicial functions of the State and therefore, violative of doctrine...

Supreme Court Monthly Digest :July 2022[ Citations 561-642]

1. Mere Acceptance Of Rent By Landlord After The Expiry Of Lease Would Not Amount To Waiver Of Termination Of Lease: Supreme Court Case Title: K.M. Manjunath Vs Erappa. G (D) |SLP(C) 10700 OF 2022 Citation: 2022 LiveLaw (SC) 561 The Supreme Court bench of Justices CT Ravikumar and Sudhanshu Dhulia has reiterated that mere acceptance of the rent...

Supreme Court Half Yearly Digest 2022 on BAIL

Anticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in declining the prayer...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (July 18 - July 24, 2022)

Arbitration and Conciliation Act, 1996; Section 7 - Parties to the contract are free to agree on applicability of (1) proper law of contract, (2) proper law of arbitration agreement and (3) proper law of the conduct of arbitration. Parties to the contract also may agree for matters excluded from the purview of arbitration - Unless the effect of agreement results in performance of an...

500 Supreme Court Judgments of 2022 Part-5 (Citations 401 - 500)

See Also 500 Supreme Court Judgments of 2022 (Citations 1 to 100)500 Supreme Court Judgments of 2022 (Citations 101 - 200)500 Supreme Court Judgments of 2022 (Citations 201 - 300)500 Supreme Court Judgments of 2022 (Citations 301 - 400) Code of Criminal Procedure, 1973; Section 432 (2) - Remission - It cannot be said that the opinion of the presiding judge is only a...

Supreme Court Weekly Digest WIth Nominal And Subject/Statute Wise Index - (July 11 -July 17, 2022)

Arbitration and Conciliation Act, 1996; Section 34, 37 - It would not be open for the court in the proceedings under Section 34 or in the appeal under Section 37 to modify the award, the appropriate course to be adopted in such event is to set aside the award and remit the matter. (Para 40) National Highways Authority of India v. P. Nagaraju @ Cheluvaiah, 2022 LiveLaw...

Supreme Court Weekly Digest With Nominal Subject/Statute Wise Index (July 1 - July 10, 2022)

Code of Civil Procedure, 1908 - One First Appeal filed by defendant against a common judgment disposing two suits - An application (CLMA) seeking permission to file a single appeal assailing the common judgment alongwith two separate decrees filed - The first appeal admitted by High Court - A decade later, the High Court without passing any order on the said CLMA, at the time of hearing...

Supreme Court Quadrimester Digest 2022 [ January To April]

Act of God - Meaning - When nothing of any external natural force had been in operation in a violent or sudden manner, the event of the fire in question could be referable to anything but to an act of God in legal parlance. (Para 53-55) State of U.P. v. Mcdowell and Company Ltd., 2022 LiveLaw (SC) 13Administrative Law - Appeal challenging adverse Remarks made in the Allahabad HC...

Supreme Court Monthly Digest: June 2022

Pension Is A Continuous Cause Of Action; Arrears Can't Be Denied On Ground Of Delay : Supreme Court Case Name: Shri M.L.Patil (Dead) Through LRs v. State of Goa And Anr.| Civil Appeal No. 4100 of 2022 Citation: 2022 LiveLaw (SC) 537 The Supreme Court, recently, held that arrears of pension cannot be denied on the ground of delay in approaching the Court as pension...

Supreme Court Criminal Digest: June 2022

Code of Criminal Procedure 1973; Section 311 - Merely because a different statement given by the same prosecution witness in another case that itself would not be a reason for recalling the witness. Saud Faisal v. State of Uttar Pradesh, 2022 LiveLaw (SC) 556 Code of Criminal Procedure 1973; Section 482 - While exercising jurisdiction under Section 482 of the Cr.P.C., the High...