'Party Without Recognition From Electorate Seeking Recognition By Filing Petitions' : Supreme Court Dismisses Plea Against EVM

The Supreme Court recently dismissed a petition challenging the use of Electronic Voting Machines in election process with a cost of Rupees 50,000."It appears that party which may not have got much recognition from the electorate now seeks recognition by filing petitions!", the Court observed while dismissing the petition filed by Madhya Pradesh Jan Prakash Party."The election process under...

Arbitral Tribunal Must Give Reasons For Fixing Interest Rate; Award Holder Not Entitled To Interest For Delay Caused By It : Supreme Court

The Supreme Court recently held that a case where the award holder was responsible for delaying the proceedings which led to a huge lapse of time would be a fit case of exercising power under Article 142 to reduce the rate of interest on the sum of award. The Court further held the Arbitration and Conciliation Act casts a duty upon the arbitral tribunal to give reasons as to how it...

Supreme Court Half Yearly Round-Up -[January To June]

1. Employee Who Refuses Promotion Offer Not Entitled To Financial Upgradation Merely Because She Suffered Stagnation : Supreme Court Case Title: Union of India v. Manju Arora Citation: 2022 LiveLaw (SC) 1 The Supreme Court observed that if a regular promotion is offered but is refused by the employee before becoming entitled to a financial upgradation, she/he shall not be...

PFI Ban : Centre Appoints Delhi HC Judge Justice Dinesh Kumar Sharma As Presiding Officer Of UAPA Tribunal

The Central Government has appointed Delhi High Court judge Justice Dinesh Kumar Sharma as the Presiding Officer of the Unlawful Activities (Prevention) Tribunal which will review the ban imposed on the Popular Front of India (PFI) and its affiliated organisations.Justice Sharma was appointed as a judge of the Delhi High Court on 28th February, 2022, after being elevated from the Delhi...

Arbitration - Court Can Undertake Preliminary Inquiry Under Section 11 To Ascertain If Dispute Is Arbitrable : Supreme Court

The Supreme Court has held that the High Courts while appointing the arbitrator can launch a preliminary inquiry to decide the issue of 'Excepted Matters' when an objection to that effect is taken by the respondent. The bench of Justices M.R. Shah and Krishna Murari held that if any dispute falls within the 'excepted' category provided in the contract between the parties, then it...

Supreme Court Seeks Information From States/UTs On Old Age Homes In Each District, Pension For Elderly & Geriatric Care

The Supreme Court recently directed all the States and Union Territories to furnish information on their existing schemes operating for the welfare of the elderly with respect of (i) Pension for the elderly, (ii) old age homes in each District and (iii) level of geriatric care.The bench also asked the State and Union Territories to file the present status regarding implementation of...

Allegations Of Fraud Must Be Specifically Averred In Plaint, Otherwise Plaintiffs Will Try To Get Suit Within Limitation By Clever Drafting: Supreme Court

The Supreme Court of India, last week, observed that mere stating in the plaint that a fraud has been played is not enough and that such allegations must be specifically averred in the plaint. If this isn't done, parties would try to get the suit within the limitation period, the court added."Even the averments and allegations in the plaint with respect to fraud are not supported by any...

Centre Proposes To Submit Model Builder-Buyer Agreement With Mandatory RERA Clauses Before Supreme Court

The Central Government has proposed to submit before the Supreme Court a model builder-buyer agreement with mandatory clauses which cannot be altered by the States or the Union Territories.Additional Solicitor General Aiswharya Bhati and amicus curiae Devashish Bharuka submitted before the Court that the model agreement will have Part A which will have core clauses with the mandatory...

Motor Accident Claims - Reliance Can't Be Placed On Minimum Wages Notification When There Is Positive Evidence Regarding Income : Supreme Court

The Supreme Court recently held that a notification issued under the Minimum Wages Act can only be a guiding factor in determining the income of the deceased in a motor accident claims case. When there is positive evidence regarding the income, reliance cannot be placed on minimum wages notification.In this case, the Supreme Court was considering an appeal filed by the claimants against...

Anil Deshmukh May Not Get Convicted, Sachin Waze's Statements Contradictory : Bombay High Court In Bail Order

In its detailed order granting bail to NCP leader and former Maharashtra Home Minister Anil Deshmukh the Bombay High Court recorded its satisfaction that the former minister, in all probability, "may not be ultimately convicted" in the money laundering case being investigated by ED. "All these factors if considered on the anvil of the test enunciated in the case of Ranjitsingh...

Married Daughter Can't Be Said To Be Dependant On Mother For Compassionate Appointment: Supreme Court

The Supreme Court recently held that the married daughter cannot be said to be dependent on her deceased mother and therefore, is not eligible for compassionate appointment.A Bench of Justices MR Shah and Krishna Murari observed, "The respondent cannot be said to be dependent on the deceased employee, i.e., her mother." Even otherwise, the Court said that the respondent won't be entitled...

Compassionate Employment Can't Be Claimed Several Years After Employee's Death As Its Object Is To Help Family To Meet Sudden Crisis : Supreme Court

The Supreme Court on India last week discussed the how compassionate appointment in public services is an exception to the general rule of appointments and how it flows out of pure humanitarian consideration.A Bench of Justices MR Shah and Krishna Murari observed that the purpose of compassionate appointment is to enable the family to tide over the sudden crisis, i.e., after the death of the...