Supreme court
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...
High Court Cannot Reject A Plaint While Exercising Article 227 Power : Supreme Court
The Supreme Court held that a High Court cannot reject a plaint in exercise of its supervisory jurisdiction under Article 227 of the Constitution.A bench comprising Justice PS Narasimha and Justice Joymalya Bagchi was hearing a petition challenging the Madras High Court's decision to reject a plaint as barred by the Prohibition of Benami Property Transactions Act.Setting aside the High...
'Unauthorised Construction Has To Be Demolished; Judicial Regularisation Impermissible' : Supreme Court
Reaffirming its zero-tolerance stance on illegal and unauthorized construction, the Supreme Court dismissed a petition seeking the regularization of an unlawful building in Kolkata, emphasizing that no leniency should be shown towards such violations and that the structure must be demolished. The Court noted that illegal structures must face demolition without exception, closing all avenues...
GST | Bail Should Be Normally Granted For Offences Under S 132 CGST Act Unless Extraordinary Circumstances Exists : Supreme Court
The Supreme Court recently expressed surprise at the High Court and the Magistrate Court denying bail to a person accused of committing offences under Section 132 of the Central Goods and Services Tax Act.The Court observed that in cases like this, bail should normally be granted. The offences alleged against the appellant were under Clauses (c), (f) and (h) of Section 132(1) of the Central...
When Can Court Remand Arbitral Award To Tribunal Under S.34/37 Arbitration Act ? Supreme Court Explains
The Supreme Court Constitution Bench recently held that the powers of Courts to remand arbitral awards back to the Tribunal under S. 34(4) of the Arbitration and Conciliation Act 1996 cannot be seen as a straight-jacket formula. The Court observed that an award should be remitted back only if there is a possibility to correct a defect in the award, but if the entire award suffers...
Mere Use Of Insulting Remarks Like 'Impotent' Doesn't Constitute Abetment Of Suicide : Supreme Court Quashes Case Against Husband's In-Laws
The Supreme Court quashed an abetment to suicide case under Section 306 of the IPC against the husband's in-laws, ruling that merely calling him "impotent" in offensive language while taking their daughter (the deceased's wife) to her parental home after a marital dispute did not amount to abetment. An FIR was registered against the husband's in-laws after a husband's suicide note was...
Motor Accident Claims | Unemployed Husband Can Be Presumed To Be Partially Dependent On Deceased Wife's Income : Supreme Court
The Supreme Court on Wednesday (April 29) held that, in determining insurance compensation, the deceased's husband cannot be excluded as a dependent merely because he is an able-bodied man. The Court emphasized that in the absence of proof of the husband's employment status, his dependency on the deceased's income cannot be disregarded and would be treated as partially dependent on his...
Courts Can Deviate From Schedule Of Employees Compensation Act To Determine Functional Disability : Supreme Court
The Supreme Court recently held that in computing the compensation for functional disability, Courts don't need to confine themselves to the schedule under the Employees' Compensation Act 1923. The bench of Justice Sudhanshu Dhulia and Justice K Vinod Chandran was hearing an appeal against the order of the Bombay High Court, which reduced the disability percentage of 100% to 34% for...
Order VII Rule 11 CPC | Plaint Can't Be Rejected As Time Barred When Limitation Is Mixed Question Of Law & Facts : Supreme Court
The Supreme Court held that when the question of limitation involves disputed facts, such issues cannot be decided at the stage of Order VII Rule 11 CPC. The Court reasoned that when the issue of limitation is a mixed question of fact and law, it cannot be decided summarily without allowing the parties to lead evidence on the arising of the cause of action.The bench comprising Justices...
E-Governance Platforms, Digital Payment Systems & Govt Websites Must Be Accessible To Persons With Disabilities : Supreme Court
In a landmark judgment, the Supreme Court on Wednesday (April 30) declared that right to digital access is a part of right to life under Article 21 of the Constitution of India, and issued a set of directions to ensure that e-KYC process is accessible to persons with face disfigurment (due to acid attacks, accidents etc.) and visaul impairment.The Court also directed that it is mandatory for...
CCS Pension Rules | Contractual Service Must Count Towards Pension Once Employee Is Regularised : Supreme Court
The Supreme Court observed that a contract job period should be counted for pensionary benefits, once the government employee is regularized. A bench of Justices PS Narasimha and Joymalya Bagchi ruled in favour of government employees who were initially appointed on a contractual basis and later regularized, holding that they are entitled to pensionary benefits for their entire service...