Supreme court
Supreme Court Criticises Arbitration Bill 2024 For Not Recognising Power To Implead Non-Signatories, Urges Union To Make Changes
The Supreme Court today (May 2) expressed its dissatisfaction with the continued absence of explicit statutory recognition for the power of arbitral tribunals to implead or join non-signatory parties. The Court noted with concern that, despite earlier omissions in the Arbitration and Conciliation Act, 1996, the newly proposed Arbitration and Conciliation Bill, 2024, which seeks to overhaul...
Stamp Vendors Are 'Public Servants' Under Prevention Of Corruption Act; Liable For Bribery Over Stamp Paper Sale : Supreme Court
In a notable judgment, the Supreme Court on Friday (May 2) held that stamp vendors fall within the definition of "public servants" under the Prevention of Corruption Act, 1988 and hence, can be proceeded under the PC Act for the corrupt practices.The Court held that it was the nature of the duty being discharged by a person which assumes paramount importance when determining whether such a...
RP Act | Supreme Court Refuses To Interfere With HC View That S.81 Limitation Can't Be Satisfied By Presenting Defective Election Petition
In an election dispute, the Supreme Court today upheld a view taken by the Gujarat High Court that mere "presentation" of a defective election petition, without removal of defects within the limitation period of 45 days, is not satisfactory compliance of Section 81 of the Representation of the People Act, 1951.A bench of Justices Surya Kant and N Kotiswar Singh passed the order in a...
Subsequent Purchaser, Though Not 'Necessary Party' In Specific Performance Suit, Can Be Impleaded As 'Proper Party' : Supreme Court
The Supreme Court recently ruled that in a suit for specific performance of an agreement to sell, a subsequent purchaser may not be a 'necessary party' but can be a 'proper party' if their rights are affected by the adjudication of the dispute. The bench comprising Justices JB Pardiwala and R Mahadevan was hearing the case where the Appellant (who was stranger to the suit) sought impleadment...
Supreme Court Mandates Its Prior Permission For Tree Felling Within 5 Kms Of Taj Mahal, No Blanket Exemption For Private Land
The Supreme Court has held that its 2015 direction requiring prior permission of the Court for tree felling in Taj Trapezium Zone will continue to apply for felling of any tree within aerial distance of 5 kms of Taj Mahal. A bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan passed the order in the MC Mehta case concerning tree cutting and other environment issues in the protected...
Gang Rape | Penetrative Act By One Can Implicate All If There's Common Intention; Need Not Prove Rape By All : Supreme Court
The Supreme Court upheld the convictions of the accused individuals found guilty of gang rape, rejecting their argument that they had not personally committed any act of penetration. The Court clarified that under Explanation 1 to Section 376(2)(g) of the Indian Penal Code, if a penetrative act is carried out by even one person, all others sharing a common intention can also be held liable...
Church Of South India Dispute : Supreme Court Holds Election Of Dharmaraj Rasalam As CSI Moderator Illegal, Freezes Amendments
In relation to the dispute concerning the Church of South India (CSI), the Supreme Court on Friday (May 2) held that the election of Bishop Dharmaraj Rasalam as the Moderator of the CSI Church in the elections held in 2020 was illegal.The Court also ordered that the resolution passed by the Synod in its Special Meeting held on 07.03.2022 approving the amendments related to the age of Bishops...
Customs Act | Engineering Services Fees Having Direct Nexus With Import Of Goods Fall Within Assessable Customs Value : Supreme Court
The Supreme Court yesterday (May 1) ruled that engineering and technical service fees paid by the importer must be included in the assessable value of imported spare parts under the Customs Act, 1962. The bench of Justices Abhay S. Oka and Ujjal Bhuyan upheld that the 8% technical and engineering fee charged to the appellant(Coal India) should be included in the assessable value for...
Supreme Court Disposes Petitions Against 1982 J&K Law On Return Of Pre-1954 Migrants To Pakistan, Cites Non-Enforcement & 2019 Repeal
Recently, the Supreme Court disposed of a batch of petitions, pending since 1982, challenging the constitutionality of the Jammu and Kashmir Grant of Permit for Resettlement in (or Permanent Return) to the State Act, 1982.The Court noted that the provisions of this Act never came into force, and that its operation was stayed by the Court by an order passed in 2002. Subsequently, it was...
S. 482 CrPC | Not Open For High Court To Rely On Investigation Report In Plea To Quash FIR: Supreme Court
The Supreme Court today (May 1) observed that High Courts cannot assess or call for the submission of an investigation report while exercising powers under Section 482 of the CrPC, as this authority rests exclusively with the Magistrate. Holding thus, the bench comprising Justices Pankaj Mithal and SVN Bhatti set aside the Gujarat High Court's decision, which had relied upon the...
Article 142 Can Be Used To Modify Arbitral Awards, Holds Supreme Court; Justice Viswanathan Dissents
The Supreme Court in its recent decision has held that powers to do complete justice under Article 142 can be exercised to modify an arbitral award if it helps put prolonged litigation to an end. The majority opinion authored by CJI Sanjiv Khanna explained that power to do complete justice under Article 142 can be utilised cautiously to modify an award as long as it does not interfere in...