Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index-September 5, 2022 – September 11, 2022]

Arbitration and Conciliation Act, 1996; Section 7, 11 - Section 7 of the Act does not mandate any particular form for the arbitration clause - Even if we were to assume that the subject­clause lacks certain essential characteristics of arbitration like "final and binding" nature of the award, the parties have evinced clear intention to refer the dispute to arbitration and abide by...

Supreme Court Dismisses Plea Challenging Gadgil, Kasturirangan Committee Reports, MoEF Draft Notification On Western Ghats

The Supreme Court bench comprising Chief Justice U.U. Lalit and Justice Ravindra Bhat dismissed a PIL challenging the Draft Notification published by Central Ministry of Environment, Forest and Climate Change, demarcating certain area as 'Western Ghats Ecologically Sensitive Area'.The plea had been filed by a Kerala based NGO, Karshaka Shabdam (Voice of Farmers), alleging that the...

Stipend For MBBS Students During Compulsory Internship : Supreme Court Issues Notice To Army College Of Medical Science

The Supreme Court, on Monday, issued notice in a plea seeking directions against Army College of Medical Science for non-payment of stipend to MBBS students undergoing compulsory one year internship in the Army base hospital. While issuing the notice, a Bench comprising Justices D.Y. Chandrachud and Hima Kohli asked ASG, Col Bala Subramanium to look into the issue."Mr. Bala, these are...

Courts Today- A Daily Round Up Of Important Legal Developments- 12.9.22

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Supreme Court Issues Notice On Plea Challenging Validity Of Section 376DA IPC For Prescribing Mandatory Life Sentence Without Remission

The Supreme Court on Monday issued notice in a plea challenging the validity of Section 376DA of the Indian Penal Code for prescribing a mandatory life sentence without remission. The matter was heard by bench comprising Chief Justice U.U. Lalit and Justice Ravindra Bhat.Section 376DA prescribes the punishment for gangrape of a girl aged below 16 years. It reads as below:"Where a woman...

AIADMK Rift : Supreme Court Dismisses OPS Plea, Affirms High Court Direction To De-Seal Party Headquarters

The Supreme Court, on Monday, dismissed the petition filed by former Tamil Nadu Chief Minister, O Paneerselvam challenging the order of Madras High Court to de-seal headquarters of AIADMK party and hand over the keys to Edappadi Palanisamy. A Bench comprising Justices D.Y. Chandrachud and Hima Kohli upheld the order of the High Court stating that the Revenue Divisional Officer...

Supreme Court Seeks Centre's Response On Plea To Constitute GST Appellate Tribunal

The Supreme Court of India has directed the Union government to file its response in a petition seeking to constitute the Goods and Services Tax Appellate Tribunal, New Delhi, on utmost priority basis and as early as possible, in the interest of justice.A Division Bench of Justices DY Chandrachud and Hima Kohli was hearing a petition filed by Lawyer and Activist Amit Sahni. Sahni told the...

Supreme Court Refuses To Entertain PIL Seeking To Examine Link Between Pornography & Sexual Crimes

The Supreme Court, on Monday, refused to entertain a petition seeking to formulate a Standard Operating Procedure (SOP) by the police to examine the impact of viewing of pornographic material while investigation a sexual offence case. The matter was heard by a bench comprising Chief Justice U.U. Lalit and Justice Ravindra Bhat. The petitioner, Nalin Kohli, started his arguments by referring to...

Supreme Court Refuses To Issue Notice On SCBA's Plea To Convert Buildings Across Bhagwan Das Road As Lawyers Chambers

The Supreme Court, on Monday, issued notice in a petition requesting to direct the Ministry of Urban Development to convert the entire land measuring 1.33 acres that was recently allotted to the Top Court, situated behind the petrol pump near ITO on the Ring Road, into chamber blocks for lawyers.However, the Court declined to issue notice on the additional prayers sought in the petition...

Supreme Court Refuses To Entertain PIL Seeking National Level Liquor Prohibition Policy

The Supreme Court on Monday refused to entertain a Public Interest Litigation which sought for a national policy for prevention of alcohol.At the outset, the petitioner submitted that while certain states had completely prohibited liquor, others had encouraged the sale of the same. While providing governmental reports on the serious impact of alcohol, he submitted that a small population of...

"Once Buried, A Body Should Not Be Disturbed" : Supreme Court Suggests Enactment Of Law On Exhumation

The Supreme Court has suggested that the Union Government should consider enacting an appropriate legislation on exhumation.The right to dignity and fair treatment under Article 21 of the Constitution is not only available to a living man but also to his body after his death..His family members also have a right to perform the last rites in accordance with the religious traditions.,...

Hijab Case : Question Of Essential Religious Practice Does Not Arise When Individual Rights Are Asserted -Yusuf Mucchala To Supreme Court [Day 4]

The ERP issue will arise only when group rights are sought to be enforced, the lawyer argued.