All CISF Personnel Entitled To HRA If They Aren't Provided Accommodation : Supreme Court

The Supreme Court has endorsed a judgment passed by the Delhi High Court which held that Central Industrial Security Force (“CISF”) personnel are entitled to receive House Rent Allowances (“HRA”) from the Union Government as provided to other paramilitary forces.A bench comprising Justices Hrishikesh Roy and Prashant Kumar Mishra dismissed the appeal filed by the Union of India...

Court May Refuse To Appoint Arbitral Tribunal If S.11(6) Petition Is Barred By Limitation Or Claim Is Ex-Facie Time Barred : Supreme Court

In a recent ruling, the Supreme Court held that the Limitation Act, 1963 is applicable to proceedings for appointment of arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 ("A&C Act"), and a Court may refuse to make a reference if the claims, on the date of commencement of arbitration proceedings, are ex-facie barred."...there is no doubt as to the applicability...

Money Recovery Suit Won't Be Commercial Suit Unless Disputed Property Is 'Actually Used' In Trade and Commerce: Supreme Court

The Supreme Court held that merely because the dispute is related to an immovable property wouldn't per se make it a commercial dispute under the Commercial Courts Act, 2015 unless the immovable property is 'actually used' exclusively in trade or commerce.Setting aside the High Court's decision which had considered a suit for money recovery as a commercial suit, the Bench Comprising...

Ownership Over Property Can't Be Claimed When Sale Deed Is Executed By Person Having No Title : Supreme Court

The Supreme Court held that a sale deed executed by the person (not being an owner of the property) in the plaintiff's favor wouldn't entitle the plaintiff to claim ownership/possession over such property. Reversing the findings of the High Court which held the plaintiff to be an owner of the property, the Bench Comprising Justices Sanjay Karol and Sanjay Kumar observed that the...

'Article 142 Doesn't Empower Court To Ignore Substantive Rights Of Litigants' : Supreme Court Issues Guidelines On Exercise Of Inherent Powers

While overturning the 2018 Asian Resurfacing judgment that mandated an automatic vacation of stay orders after six months, the Supreme Court issued crucial guidelines on the exercise of its powers under Article 142 of the Constitution. This latest verdict was issued yesterday by a constitution bench comprising Chief Justice DY Chandrachud and Justices Abhay S Oka, JB Pardiwala, Pankaj Mithal,...

'They Also Have Right To Privacy' : Supreme Court Dismisses Plea Seeking 24x7 Digital Monitoring Of MPs/MLAs

The Supreme Court today (March 1) dismissed a Public Interest Litigation (PIL) petition writ petition seeking to digitally monitor all the activities of MPs/MLAs to 'ensure transparency and to prevent corruption'. At the outset, CJI DY Chandrachud expressed dissatisfaction regarding the substance of the petition and reminded that a mandamus to seek continuous digital monitoring of...

Order 6 Rule 17 CPC | Amendment Of Plaint Shouldn't Be Allowed If It Alters Nature Of Suit: Supreme Court

The Supreme Court on February 29 (Thursday) held that an application seeking amendment of plaint shouldn't be allowed under Order 6 Rule 17 of CPC if the amendment alters the nature of the suit.In the present case, an amendment of the plaint in a partition suit was sought to include a prayer to declare an earlier compromise decree as void. The Court disallowed the application stating that...

Gyanvapi Mosque Committee Moves Supreme Court Against High Court's Decision That Suits Aren't Barred By Places Of Worship Act

In the latest development in the Gyanvapi dispute, the mosque committee has moved the Supreme Court challenging an Allahabad High Court order holding that a batch of civil suits by Hindu parties pending before a Varanasi civil court are not barred by the Places of Worship Act, 1991. This suit, filed in 1991 by Hindu worshippers and on behalf of deities, seek the right to worship in the...

Lawyers Appearing For Client In Courts Aren't 'Service Providers' As Per Consumer Protection Act, Says Amicus; Supreme Court Reserves Judgment

The Supreme Court on Thursday (February 29) reserved judgment on the issue whether advocates can be held liable under the Consumer Protection Act for deficiency of services. A Bench of Justices Bela Trivedi and Pankaj Mithal heard the matter. On the final day, Senior Advocate V Giri, the amicus curiae in the matter, addressed the bench.The issue, which is relevant for members of the...

'Serious Violations' : Supreme Court Dismisses Vedanta's Plea To Reopen Copper Smelting Unit In Tamil Nadu's Tuticorin

Citing 'repeated breaches' and 'serious violations' on the part of Vedanta, the Supreme Court on Thursday (February 29) refused to grant it permission to reopen its Sterlite copper smelting plant in Tamil Nadu's Tuticorin.A bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra dismissed the special leave petition filed by Vedanta Limited against an August 2020...

'Distributor Not Agent, Independent Contractor': Supreme Court Elaborates Law On Agency

While deciding the question of cellular mobile service providers' liability to deduct tax at source under Section 194-H of the Income Tax Act, 1961, the Supreme Court recently summarized aspects that must be kept in mind by Courts while examining whether principal-agent relationship exists in particular case.The factors/aspects enunciated by the Bench of Justices Sanjiv Khanna and SVN...

HCs & SC Should Refrain From Fixing Time-Bound Schedules For Case Disposal In Other Courts Ordinarily: Supreme Court

In a momentous ruling, a Supreme Court constitution bench on Thursday (February 29) reversed its 2018 Asian Resurfacing judgment, firmly stating that directives mandating automatic expiration of interim orders after a set period cannot be issued by the apex court under Article 142 of the Constitution.The latest ruling was handed down on Thursday by a five-judge bench led by Chief Justice...