Institution Of National Importance Can Also Have Minority Character : Supreme Court In Aligarh Muslim University Case

There is no reason why a minority educational institution cannot also be an institution of national importance, the Court said.

'Provide Separate Cut-off' : Supreme Court Issues Guidelines For Recruitment Of Persons With Disabilities In District Judiciary

In a major development, the Supreme Court issued several general directions relating to the recruitment of persons with benchmark disabilities (PwBD) in judicial services. The direction issued would be followed for the selection of candidates to the District Judiciary across the country. The bench led by CJI DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra observed that till the pending orders, the directions issued ought to be adhered to by the High Courts or State...

Determining 'Seat' In International Arbitration : Supreme Court Takes Shift From 'Closest Connection Test', Says Express Designation Of Place Matters

In a key ruling on International Commercial Arbitration, the Supreme Court held that when an arbitration agreement grants non-exclusive jurisdiction to a foreign court, that court is considered the "seat of arbitration." The Court reaffirmed the BALCO principle that Indian courts lack supervisory jurisdiction under Part I of the Arbitration & Conciliation Act, 1996, for arbitrations...

Supreme Court Recalls Judgment Which Held 2018 Amendment To Specific Relief Act Prospective

The Supreme Court on Friday (November 8) recalled its 2022 judgment which held that the 2018 amendment to the Specific Relief Act, 1963, will apply only prospectively to transactions effected after the date when the amendment came into force (01.10.2018).The Court recalled the judgment in the exercise of its review jurisdiction. The judgment was reviewed on factual points.The reveiw bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra held...

Criteria To Determine Minority Status Of Educational Institution Under Article 30 : Supreme Court Explains In AMU Case

In the Aligarh Muslim University case, Chief Justice of India DY Chandrachud, in the majority judgment, outlined key criteria for determining an educational institution's entitlement to minority rights protection under Article 30(1) of the Indian Constitution.The key points from the judgment are as follows :'Establish' and 'administer' must be read conjunctivelyBased on precedents, the judgment explained that the rights to establish and administer must be read conjunctively and not...

Unilateral Arbitrator Appointment Clauses In Public-Private Contracts Invalid; Can't Compel Selection Of Arbitrators From PSU's Panels : Supreme Court

The Supreme Court on Friday (November 8) ruled against clauses allowing Public Sector Undertakings to unilaterally appoint arbitrators to decide disputes with private contractors. The Constitution Bench held that while PSUs can maintain a panel of potential arbitrators, they cannot compel the other party to select its arbitrator from the panel.The Constitution Bench comprising Chief Justice...

Minority Status Not Lost Because Institution Was Created By Statute: Supreme Court Overrules 1967 Judgment Against Aligarh Muslim University

In the case relating to the minority status of Aligarh Muslim University (AMU), a 7-judge bench of the Supreme Court (by 4:3 majority), overruled the 1967 judgment in S. Azeez Basha vs. Union Of India to the extent it held that an institution incorporated by a statute cannot claim to be a minority institution.The issue whether Aligarh Muslim University is a minority institution as per Article 30 of the Constitution is now left to be decided by a regular bench based on this view of the...

Arbitral Tribunal May Impose Costs On Party Abusing Referral Court's Limited Jurisdiction To Compel Another's Participation In Arbitration : Supreme Court

The Supreme Court held that in the interest of justice, the Arbitral Tribunal may impose costs on the Party who abused the process of law constraining another party to participate in the Arbitral Proceedings by taking advantage of minimal judicial interference at the referral stage. “In order to balance such a limited scope of judicial interference with the interests of the parties who...

'No Political Appointments' : Supreme Court Decries Poor Functioning Of NCLTs/NCLAT, Says Members Often Lack Domain Knowledge

The Court flagged the growing tendency on the party of Tribunal members to ignore its orders.

Sexual Assault Under POCSO Can't Be Quashed Based On 'Compromise', Offence Is Heinous & Not Of Private Nature : Supreme Court

The Supreme Court today set aside the Rajasthan High Court's decision which quashed the 'sexual assault' complaint against a teacher (accused of rubbing the victim's breast). The High Court had quashed the matter based on a 'compromise' between the victim's father and teacher."We are at a loss to understand how the High Court arrived at the conclusion that in the case on hand a dispute to...

No Right To Be Appointed Merely Because Of Placement In Select List; But State Must Justify Non-Filling Of Vacancies: Supreme Court

The Supreme Court has held that a candidate placed in the select list gets no indefeasible right to be appointed even if vacancies are available. However, the State has to justify its decision not to fill up the vacancy, the Court added."A candidate placed in the select list gets no indefeasible right to be appointed even if vacancies are available...But there is a caveat. The State or...

DRI Officers Can Issue Show-Cause Notices Under Customs Act : Supreme Court Allows Review Against 'Canon India' Judgment

The Supreme Court today (November 7) held that the officers of the Directorate of Revenue Intelligence(DRI) have the power to exercise powers under the Customs Act, 1962 to issue show-cause notices and recover dutiesThe Court held that DRI officers are "proper officers" to issue show cause notices under Section 28 of the Customs Act, 1962."Subject to the observations made in the judgment,...