Supreme court
Limitation Period For Arbitration | Cause Of Action To Appoint Arbitrator Commences From The “Breaking Point” Between Parties : Supreme Court
The Supreme Court has held that the cause of action to appoint an arbitrator would commence from the “Breaking Point” at which any reasonable party would abandon efforts for at arriving at a settlement and contemplate referral of the dispute for arbitration. “Breaking Point” should be treated as the date at which the cause of action arose for the purpose of limitation.The Bench...
Proposed Accused Has Right To Be Heard In Revision Filed Against Dismissal Of Petition Under Section 156(3) CrPC : Supreme Court
The Supreme Court Bench comprising of Justice Hrishikesh Roy and Justice Manoj Misra, while adjudicating an appeal filed in Santhakumari & Ors. v State of Tamil Nadu & Anr., has reiterated that a proposed accused has a right to be heard in the revisional proceedings under Section 401 of the Code of Criminal Procedure, 1973 (“CrPC”). The Bench has set aside an order whereby...
Remedies Against Third-Parties Not Available Under Section 66 Of IBC: Supreme Court
The Supreme Court on Friday affirmed that the remedy against third party is not available under Section 66 of IBC, and in such circumstances, it is for the Resolution Professional or the successful resolution applicant to take such civil remedies against third party for recovery of dues payable to corporate debtor, and the civil remedies which may be available in law are independent of the...
Magistrate Can Direct Collection Of Voice Samples Of Accused : Supreme Court Reiterates
Upholding the Gujarat High Court order to refuse interference in the order of the session judge directing the accused to give a voice sample to the police, the Supreme Court recently said that a Magistrate has the power to order the collection of a voice sample for the purpose of investigation.Relying on Ritesh Sinha v. State of Uttar Pradesh, the bench of Justice Hrishikesh Roy and...
'Numerous Lapses In Investigation' : Supreme Court Frees Man Awarded Death Penalty In Case For Rape & Murder Of 6 Year Old Girl
The Supreme Court recently set aside the death sentence and life imprisonment imposed on a convict under Section 302 and 376 of IPC for allegedly raping and killing a six year old minor girl, on the ground that there were yawning gaps in the chain of circumstances establishing to the guilt of the accused and there were several irregularities and illegalities on the part of the agencies...
Article 299 | No Immunity From Statute Merely Because Contract Is Entered In President's Name : Supreme Court
The Supreme Court, while adjudicating an application for appointment of arbitrator, has held that a contract entered into in the name of the President of India, does not create an immunity against the application of any statutory prescription imposing conditions on parties to an agreement, when the Government chooses to enter into a contract.“We are unable to trace any immunity arising out...
Increase In Salary Of High Court Judges Must Reflect In Same Proportion To District Judges : Supreme Court
The Supreme Court, in its judgement accepting various recommendations of the Second National Judicial Pay Commission (SNJPC) on pay, pension, gratuity, age of retirement etc. of judicial officers, remarked that the functions of District judges were essentially the same as High Court judges. Hence, the increase in the salary of the High Court judges should reflect in the pay scale of...
Supreme Court Quarterly Digest On Environmental Law [Jan - March, 2023]
Environmental LawAppeal maintainable before NGT against corrigendum imposing additional conditions to environmental clearance. IL&FS Tamil Nadu Power Company Ltd. v. T. Muruganandam, 2023 LiveLaw (SC) 192Chandigarh Master Plan - Supreme Court prohibits conversion of independent residential units as apartments in Chandigarh Phase 1 to preserve the heritage status of 'Corbusier'...
Conducting Survey Is Prerequisite Before Declaring Property As Wakf: Supreme Court
While dismissing the appeal seeking recognition of the land as wakf property,the Supreme Court observed that conducting the survey under Section 4 of the Wakf Act,1954 before declaring a property as “wakf property” is a sine qua non.The bench of Justice Pankaj Mithal and Justice V.Ramasubramanian said, “In the absence of such a material( survey conducted under Section 4), the mere...