All India Arbitration Cases Half Yearly Digest: January To June, 2022

Supreme Court: Arbitration Act - Dispose Sec 11(5) & 11(6) Applications Pending For Over 1 Year Within 6 Months : Supreme Court To High Courts Case Title: M/s Shree Vishnu Constructions versus The Engineer in Chief Military Engineering Service And Ors. Citation: 2022 LiveLaw (SC) 523 The Supreme Court of India has made strong observations emphasising the need for High...

HC Asks Husband To Pay Wife Rs 10 Lakhs For Anticipatory Bail In Dowry Harassment Case; Supreme Court Sets Aside Condition As Unreasonable

The Supreme Court has recently set aside a decision of the Jharkhand High Court to impose a precondition for anticipatory bail that the accused would have to deposit a Demand Draft of Rs. 10 lakhs as ad interim victim compensation in favour of his wife. This appeal arose out of a dowry harassment case in which the complainant had instituted a criminal complaint against her husband before...

Can Condition Of Payment Of Maintenance Be Imposed While Granting Anticipatory Bail? Supreme Court Issues Notice

Can a Court impose a condition of payment of maintenance while granting anticipatory bail ? The Supreme Court recently issued notice in a special leave petition that raises this question.In this case, a complaint was filed against the accused by the wife under Sections 323, 379 and 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. Apprehending arrest, the...

Rape & Murder Of 4 Year Old Girl : SC Clarifies Order Commuting Death Penalty, Convict To Undergo 20 Years Imprisonment For Rape Offences

The Supreme Court, recently, clarified its judgment dated 19.04.2022 wherein death sentence awarded to a man convicted for raping and murdering a four year old girl was commuted to life imprisonment.In the said judgment, the Court had commuted the death sentence imposed for the offence of murder under Section 302 of the Indian Penal Code as life imprisonment. The Court had further ordered...

Supreme Court Quarterly Digest on ARBITRATION [July - September 2022]

Also Read : Supreme Court Half Yearly Digest On Arbitration Arbitration and Conciliation Act 1996 - Can a person who is ineligible to be an arbitrator nominate another arbitrator? Supreme Court refers issue to larger bench. JSW Steel Limited v. South Western Railway, 2022 LiveLaw (SC) 693 Arbitration and Conciliation Act, 1996 - Arbitrator's fee cap is Rs 30 lakhs, ceiling...

A Liberal Chief Justice During A Majoritarian Rule : Challenges Before Justice DY Chandrachud As CJI

Justice Chandrachud will be heading the Indian judiciary at a time when the country is facing several challenges.

Supreme Court Dismisses Amnesty International's Challenge Against ED Freezing Bank Accounts As Provisional Attachment Order Was Passed In Meantime

The Supreme Court last week refused to entertain Amnesty International India's petition challenging the Enforcement Directorate's attachment of its bank accounts, in view of the fact that the PMLA Adjudicating Authority passed a provisional attachment order on October 7, 2022.Reserving the right of Amnesty to challenge the provisional attachment order, the Court dismissed the Special...

Supreme Court Directs States/UTs & High Courts That Are Yet To File Details Of Fund Disbursed For Judiciary To Do So Within 4 Weeks

The Supreme Court, recently (18.10.2022), directed 26 States Governments and Union Territories, and 6 High Courts, that are yet to submit affidavits relating to budget allocation and utilisation of funds for judicial infrastructure in the prescribed format to do so within a period of 4 weeks. On 26.07.2022, the Apex Court had directed the Law Secretaries of all State Governments...

Supreme Court Emphasizes Importance Of Conducting Psychological Evaluation Of Convicts Awarded Death Sentences

In a recent order, the Supreme Court of India has reiterated the importance of conducting a psychological evaluation of convicts who have been awarded death sentences. "However, we are of the view that the assessment as regards conduct of the accused, if made before the final submissions are advanced, will go a long way in rendering assistance……In series of death sentence cases,...

Any Person Saying "Murdabad" Must Be Behind Bars? Sr Adv Mihir Desai Criticises Umar Khalid, Jyoti Jagtap Orders

People's Union for Civil Liberties (PUCL) hosted an online event to discuss three recent judgements pertaining to civil liberties. The judgements included Bombay High Court's denial of bail to Jyoti Jagtap (Jyoti Jagtap v. National Investigating Agency and Anr.), Supreme Court's stay on the acquittal of Dr G.N. Saibaba (State of Maharashtra v. Mahesh Kariman Tirki And Ors.) and Delhi High...

Supreme Court Quarterly Digest on Constitution of India [July - September, 2022]

Constitution of India, 1950 - Governor's Powers -Schedule 5 cannot be read as conferring upon the Governor absolute power and/or unfettered power, notwithstanding the provisions contained in Part III of the Constitution. Satyajit Kumar v. State of Jharkhand, 2022 LiveLaw (SC) 651 Constitution of India, 1950 - Supreme Court upholds Haryana Sikh Gurudwara (Management) Act, 2014 - Holds...

Decided To Abolish Revenue Police System, Uttarakhand Govt Tells Supreme Court

The Supreme Court closed a special leave petition filed by the State of Uttarakhand challenging the Uttarakhand High Court direction to abolish 'Revenue Police System'.This is after the Court noticed that the State Cabinet decided to accept the decision of the High Court and to take appropriate steps to implement said directions.In hilly parts of the State, the civil officials of the...