Supreme court
Arbitration | Dispute Regarding Full & Final Settlement Of Contract Is Arbitrable : Supreme Court
The Supreme Court held that if any dispute arises as to whether a contract has been discharged or not, such a dispute is arbitrable. “Once the contract has been discharged by performance, neither any right to seek performance, nor any obligation to perform remains under it.However, whether there has been a discharge of contract or not is a mixed question of law and fact, and if any...
NI Act | Large Number Of Cheque Bounce Cases Serious Concern, Courts Must Encourage Compounding If Parties Are Willing: Supreme Court
The Supreme Court recently reiterated that the purpose of making cheque bounce an offence was to ensure reliability of cheques, and compensatory aspect of remedy under the Negotiable Instruments Act, 1881 has priority over the punitive aspect in such cases.A bench of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah observed that courts should encourage settlement in cheque dishonour cases.“It is to be remembered that dishonour of cheques is a regulatory offence which was made an offence...
Arbitration | Referral Courts Must Not Conduct Intricate Enquiry On Whether Claims Are Time-Barred : Supreme Court Clarifies 'Arif Azim' Judgment
The Supreme Court held that while deciding a Section 11(6) petition for an appointment of an arbitrator, the referral courts must not conduct an intricate evidentiary enquiry into the question of whether the claims raised by the applicant are time-barred and should leave that question for determination by the arbitrator. The Court said that the referral court should limit its enquiry...
UAPA | 'Watali' Judgment Not A Precedent to Deny Bail To Undertrial In Long Custody With No End In Sight Of Trial: Supreme Court
The Supreme Court while granting bail to a man accused under the Unlawful Activities (Prevention) Act, 1967 (UAPA) observed that the judgement in the case of NIA v. Zahoor Ahmad Shah Watali cannot be cited as a precedent to deny bail in UAPA cases where the accused has suffered long incarceration.The court noted that in Watali case, the bail granted by the High Court was set aside due to the specific facts of the case wherein the High Court conducted a mini trial to overturn the trial court's...
State Has Constitutional Duty To Protect & Restore Water Bodies: Supreme Court
The Supreme Court on Tuesday (July 16) observed that the State has the constitutional duty to not only protect water bodies within the state but also to restore those water bodies which have been illegally filled in.A bench of Justice Abhay S Oka and Justice Augustine George Masih ordered the State of Uttar Pradesh to constitute a committee of senior officials to investigate instances where water bodies have been illegally filled in Tehsil Nagina, District Bijnor, UP.“We must record here with a...
Drugs (Price Control) Order | Supreme Court Upholds Rs 4.6 Crore Recovery Against Sun Pharma For Overpricing Medicine
The Supreme Court on Monday (July 15) observed that the purpose of Drugs (Price Control) Order, 1995 (DPCO) is to control prices of medicinal drugs for the common man, and it cannot be subjected to a narrow interpretation.“The intent and purpose thereof are to control the prices at which medicinal drug formulations are made available to the common man by holding out the threat of recovery of the higher prices charged for such drug formulations by those involved in their manufacture and...
UAPA | Wrong To Say Bail Cannot Be Granted Under A Particular Statute : Supreme Court Distinguishes 'Gurwinder Singh' Judgment
It would be wrong to say that under a particular statute, bail cannot be granted, observed the Supreme Court while granting bail to a man accused under the Unlawful Activities (Prevention) Act, 1967 (UAPA).While doing so, the Court distinguished the recent judgment in Gurwinder Singh v. State of Punjab.In Gurwinder Singh, the Supreme Court had observed that jail is the rule and bail the exception in UAPA cases. Further, while denying bail to a man charged under the UAPA for allegedly...
If Right To Speedy Trial Is Violated, Constitutional Courts Can Grant Bail Despite Statutory Restrictions : Supreme Court In UAPA Case
In a significant judgment granting bail to an undertrial prisoner facing charges under the Unlawful Activities(Prevention) Act, 1967(UAPA), the Supreme Court on Thursday (July 18) held that a constitutional court can grant bail despite statutory restrictions if it finds that the right to speedy trial under Article 21 of the Constitution has been infringed.A bench of Justice JB Pardiwala and Justice Ujjal Bhuyan granted bail to one Sheikh Javed Iqbal on the ground of long incarceration of nine...
'Permanent Alimony Is Awarded To Ensure Decent Living Standard For Wife' : Supreme Court Reiterates Factors To Be Considered
The Supreme Court (on July 15), while ordering the dissolution of marriage, observed that the award of maintenance or permanent alimony should not be penal. It should be for the purpose of ensuring a decent living standard for a wife. The Court, in the present case, ordered the husband to pay Rs. 2 Crores to his wife as permanent alimony. The Bench of Justices Vikram Nath and...
Market Fee Under Punjab Agriculture Produce Markets Act Distinct From Fees Under Rural Development Act : Supreme Court
The Supreme Court recently held that the 'Market fees' collected under the Punjab Agricultural Produce Markets Act, 1961 and the 'Rural Development fees' collected under the Punjab Rural Development Act are distinct.While dealing with a 2003 Policy of the State of Punjab regarding exemption from payment of market fees, the Court observed that even though there may be convergence of some...
Different Posts Coincidentally Having Same Pay Scale Does Not Create Indefeasible Right To Pay Parity: Supreme Court
The Supreme Court on Monday observed that pay parity cannot be claimed as an indefeasible right unless the competent authority consciously decides to equate two posts despite their different nomenclature or qualifications.“pay parity cannot be claimed as an indefeasible enforceable right save and except where the Competent Authority has taken a conscious decision to equate two...
Bihar City Manager Cadre Rules | Candidate Getting Minimum Qualified Marks Can't Be Excluded From Merit List For Not Having Work Experience: Supreme Court
The Supreme Court on Tuesday (July 16) granted relief to the candidate who was denied a place in the merit list by the Bihar Staff Selection Commission because of holding Zero work experience despite qualifying the minimum marks criteria as per the advertisement. A candidate had applied for the position of City Manager under the Urban Development and Housing Department, Government of Bihar....