Supreme court
Satisfaction Recorded In Execution Petition Over Injunction Decree Doesn't Bar Subsequent EPs For Future Breaches: Supreme Court
The Supreme Court today (May 16) observed that satisfaction recorded in one Execution Petition (“EP”) for past breach of permanent injunction would not preclude the filing of a subsequent EP for fresh breaches of permanent injunction. The Court reasoned that because a permanent injunction is perpetual and enforceable against future interferences, the filing of a subsequent EP against...
Recusal A Matter Of Judges' Discretion, Article 142 Cannot Be Used To Frame Guidelines On Judicial Recusal: Supreme Court
The Supreme Court on Friday (May 16) dismissed a writ petition seeking guidelines to govern the recusal of judges.A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan held, “The recusal is a matter of discretion of the judge. Jurisdiction under Article 142 cannot be exercised for laying down guidelines for the recusal of judges. Hence the writ petition is dismissed.”. Last year, the...
Fee Regulatory Committee Can't Transfer NRI Quota Fee To State Corpus Fund; Self-Financing Colleges Can Retain It : Supreme Court
The Supreme Court today held that an Admission and Fee Regulatory Committee in a State does not have the power to direct that the fee collected from NRI medical students be kept in a corpus fund maintained by the State to subsidise the education of Below Poverty Line students.The Court directed the State of Kerala to return the amounts collected from self-financing medical colleges for...
S. 31(7) Arbitration | Arbitral Tribunal Has Power To Award Different Rates Of Interest For Pre-Reference & Pendente Lite Period : Supreme Court
The Supreme Court held that under the Arbitration and Conciliation Act, 1996, an Arbitral Tribunal has the power to award different rates of interest for different phases.A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan overturned the Delhi High Court's ruling, which had invalidated the tribunal's grant of interest on interest, deeming it impermissible under Section 31(7) of...
Electricity Act | Broad Powers Under Section 79 Allow CERC To Act Without Pre-Existing Regulations : Supreme Court
In a notable ruling, the Supreme Court upheld the Central Electricity Regulatory Commission's (CERC) authority under Section 79 of the Electricity Act, 2003, to award compensation for delays in inter-state transmission projects. The bench of Justices J.B. Pardiwala and R. Mahadevan clarified that CERC's power is regulatory, not adjudicatory, and extends to issuing case-specific orders even...
