Issue Of Arbitrability Should Be Left To Arbitrator Unless On The Face It Is Found That Dispute Is Non- Arbitrable: Supreme Court

The Supreme Court reiterated that while considering application under Section 11(6) of the Arbitration and Conciliation Act, the dispute with respect to the arbitrability should be left to the arbitrator, unless on the face it is found that the dispute is not arbitrable.In this case, the Madras High Court dismissed an application to appoint an arbitrator on the ground...

Supreme Court Quarterly Digest on Tax [July - September, 2022]

Arbitration and Conciliation Act, 1996 - Relief related to tax concessions are not arbitrable. Shree Enterprise Coal Sales Pvt. Ltd. v. Union of India, 2022 LiveLaw (SC) 774 Award of Tender - There is no public duty on the part of the State to indicate the HSN code for GST rates in the tender document - Para 56- We are at a loss to further understand how in the name of producing...

Supreme Court Applies R&R Act 2013 For Mahanadi Coalfields Acquisitions Of 1988; Villagers To Get Employment, Rehabilitation Packages Over Compensation

The Supreme Court recently came to relief of several persons who were displaced during 1988 when their lands in Odisha villages were acquired for Mahanadi Coalfields Ltd, a subsidiary of Coal India Ltd.The Court held that the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 -which introduces more beneficial provisions for compensation...

Karnataka State Election Commission Moves Supreme Court Against HC Order Extending Time For Delimitation Exercise For Local Body Polls

The Supreme Court on Friday agreed to hear a plea filed by the Karnataka State Election Commission assailing the order of the Karnataka High Court which granted a further period of 12 weeks to the State Government to complete the exercise of delimitation of constituencies and providing reservation to SC, ST, OBC and other categories for all the Taluk & Zilla Panchayats in the State...

Supreme Court Asks Centre If Rates For Clinical Establishments Have Been Fixed Under Clinical Establishment Rules

The Supreme Court of India on Thursday asked the Centre to clarify whether it has fixed the rates of for various procedures and services that registered Clinical establishments should charge from patients as per Rule 9 (ii) of the Clinical Establishment (Central Government) Rules, 2012 [2012 Rules]. A Bench of Justices Sanjay Kishan Kaul and Abhay Shreeniwas Oka, in the order,...

"Infructuous": Supreme Court Disposes Plea Seeking Food & Shelter For Homeless Persons During COVID Pandemic

Terming it as infructuous, the Supreme Court of India recently disposed of a petition which asked the Union of India and all the States government to provide homeless persons in shelter homes set up by the Municipalities and other places with three nutritious and adequate meals every-day during the entire COVID-19 pandemic period. "From the aforesaid, it can be seen that the...

Judicial Service Exams: Question And Answers Based On Latest Judgements-1

The following questions are based on latest Supreme Court Judgements.1. In which of the following cases, the Supreme Court, for the first time, held that the two-finger test and its interpretation violates the right of rape survivors to privacy, physical and mental integrity and dignity? (a) Lillu @ Rajesh & Anr Vs State Of Haryana(b) RIT Foundation Vs Union of India(c)...

Industrial Townships Are "Local Areas" For Entry Tax Levy By States Though They Are Excluded From Municipalities : Supreme Court

The Supreme Court upheld States' power to impose entry tax from Industrial Township/Areas.The bench of CJI UU Lalit, Justices S. Ravindra Bhat and J B Pardiwala held that industrial townships are 'local area' for the purposes of entry tax. The court dismissed appeals against filed against (1) Orissa High Court Judgment by OCL India Ltd. and Steel Authority of India Ltd. and (2) the...

Indian Fishermen Caught By Sri Lankan Navy Released, Centre Tells Supreme Court

The Supreme Court on Friday disposed of a plea seeking direction to the Union of India to negotiate with the Sri Lankan Government authorities to release the arrested Indian Fisherman and their mechanized boat. A bench of Justices Aniruddha Bose and Vikram Nath, after taking into consideration the status report filed by the Union where it was reported that all the 68 Indian fisherman who...

"I Was Very Upset About It": Law Minister Kiren Rijiju Criticises Supreme Court's Order Keeping In Abeyance The Sedition Law

Speaking at the India Today conclave in Mumbai, the Union Law Minister Kiren Rijiju on Friday said that he was 'upset' about the fact that the Supreme Court decided to 'strike down' the Sedition Law earlier this year despite the fact that Government had informed the Court that it was thinking to make changes to the Law.#SeditionLaw"We told the #SupremeCourt that the government is thinking...

"Collegium System Is Opaque & Unaccountable; Judges & Lawyers Also Think So": Union Law Minister Kiren Rijiju

Continuing to voice his opinion regarding the Collegium System on public forums, the Union Law Minister on Friday once again said that the System is opaque and the majority of the Judges also believe so.However, he did add that he has to work with this system despite not being satisfied with it till the Government comes out with an alternative mechanism. Law Minister Rijiju was speaking at...

"Important Issue" : Supreme Court Seeks Centre's Response On Plea To Introduce 33% Women Reservation In Parliament & State Assemblies

The Supreme Court on Friday issued notice on a plea filed by the NGO National Federation of Indian Women seeking re-introduction of the Women's Reservation Bill, 2008 to secure 33% quota for women in the Lok Sabha and the legislative assemblies. The bench of Justices Sanjiv Khanna and J. K. Maheshwari stated that the petitioner "has raised an issue of considerable importance."Appearing for...