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S.34 Arbitration Act | Respect Arbitral Autonomy; Judicial Interference Should Be Minimal : Supreme Court
The Supreme Court reiterated that the courts cannot go beyond the scope of Section 34 of the Arbitration & Conciliation Act, 1996 (“Arbitration Act”) while deciding an application for setting aside of an award."the role of the court under Section 34 of the 1996 Act is clearly demarcated. It is a restrictive jurisdiction and has to be invoked in a conservative manner. The reason is...
Can Multiple FIRs Arise Out Of Single Speech? Supreme Court Asks In Sharjeel Imam's Plea
While considering the plea by former JNU student Sharjeel Imam to club multiple FIRs against him, the Supreme Court today (April 29) pondered on whether multiple cases can arise out of a single speech published online. The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar was hearing the plea by Sharjeel Imam seeking the clubbing FIRs for the alleged offences of sedition and under the...
Central Excise Tariff Act | Test Reports Justifying Reclassification Must Be Disclosed to Manufacturer : Supreme Court
The Supreme Court ruled that when a test report forms the basis for reclassification of the petrochemical products, necessitating a higher duty, than the copy of such test reports ought to be furnished to the manufacturer-taxpayer. The bench of Justices Abhay S. Oka and Ujjal Bhuyan set aside the ₹2.15 crore central excise duty demand against M/s Oswal Petrochemicals Ltd., holding that...
Supreme Court Refuses To Quash FIRs Against TN Thowheed Jamath Members Over Objectionable Speech; Allows Clubbing Of Cases
The Supreme Court recently refused to quash the FIRs filed against two members of the Tamil Nadu Thowheed Jamath over allegations of making objectionable statements and threatening judges following the Karnataka High Court's verdict in the hijab case.A bench comprising Justice Vikram Nath and Justice Sandeep Mehta observed :"At the outset, we must note that the language used by the petitioners...
Supreme Court Refuses To Hear Fresh Writ Petitions Against Waqf Amendment Act, Allows Petitioners To Intervene In Ongoing Matter
The Supreme Court today (April 29) refused to entertain any further fresh writ petition challenging the Waqf Amendment Act 2025. The Court, however, granted liberty to the petitioners to withdraw the pleas and file fresh contentions as impleaders/intervenors in the ongoing hearing of the main case. The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar was hearing a batch of around 11...
'Nothing Wrong In Country Using Spyware For Security; Question Is Against Whom It's Used: Supreme Court In Pegasus Case
There is nothing inherently wrong with a country possessing spyware for security purposes; the real concern lies in against whom it is used, the Supreme Court observed orally on Tuesday (April 29) during the hearing of the Pegasus spyware matter.A bench of Justices Surya Kant and N Kotiswar Singh was considering a batch of writ petitions filed in 2021 seeking an independent probe into...
'Don't Make A Political Speech In Court' : CJI To Lawyer Seeking Listing Of Plea Against Collegium System
Chief Justice of India Sanjiv Khanna today reprimanded Advocate Mathews Nedumpara, asking him to refrain from making a "political speech" in the Court when the latter mentioned his petition challenging the collegium system.Nedumpara was mentioning a writ petition filed in 2022 seeking the abolition of the collegium system of appointing judges and to revive the National Judicial...
Prosecution Cannot Contradict A Court Witness With Previous Statements Made To Police; But Court Can : Supreme Court
The Supreme Court has stated that a "Court Witness" - a person summoned by the Court as a witness invoking its powers under Section 311 CrPC and Section 165 of the Evidence Act - cannot be cross-examined by the prosecution using the witness's previous statements made to the police.A bench comprising Justice Sudhanshu Dhulia and Justice Prashant Kumar Mishra observed :"Court witnesses can...
Supreme Court Refuses To Suspend Life Sentence Of Sanjiv Bhatt In 1990 Custodial Death Case
The Supreme Court today rejected the application filed by expelled Gujarat IPS officer Sanjiv Bhatt seeking to suspend the life sentence imposed on him in a custodial death case of 1990.A bench of Justices Vikram Nath and Sandeep Mehta refused to release Sanjiv Bhatt on bail. However, the bench directed that the hearing of his criminal appeal be expedited."We are not inclined to enlarge...
Commercial Courts Act | Limitation Period Starts From Pronouncement Of Judgment & Not Receipt Of Copy : Supreme Court
The Supreme Court held that the limitation period for filing an appeal under the Commercial Courts Act, 2015, commences from the date of pronouncement of the judgment and that a party cannot insist that the limitation starts only from the date of receiving a copy of the judgment.The Court clarified that while Order XX Rule 1 of the CPC places a duty on the court to provide a copy of the...