2024 SCC Vol. 5 Part 2

Arbitration and Conciliation Act, 1996 — S. 11(6) — Issue of limitation — Adjudication of, as an admissibility issue at the stage of appointment of arbitrator by Court: Although, limitation is an admissibility issue, yet it is the duty of the Courts to prima facie examine and reject non-arbitrable or dead claims, so as to protect the other party from being drawn into a time-consuming and costly arbitration process, [Arif Azim Co. Ltd. v. Aptech Ltd., (2024) 5 SCC 313]

Constitution of India — Art. 145(3), Arts. 19(1)(a) and (c) and Arts. 25, 21, Pt. III and Preamble — Electoral Bond Scheme, 2018 and certain provisions amended by the Finance Act, 2017 — Validity: Reference to five-Judge Bench under Art. 145(3) of the Constitution, directed, [Assn. for Democratic Reforms v. Union of India, (2024) 5 SCC 206]

Constitution of India — Arts. 14 and 300-A — Classification of landowners for compensation — Validity: Classification made by an executive fiat of “pushtaini” landowners and “gair-pushtaini” landowners for payment of compensation at different rates, held, violative of Art. 14, and is thus liable to be struck down, [Ramesh Chandra Sharma v. State of U.P., (2024) 5 SCC 217]

Consumer Protection — Services — Banking/Shares/Securities and other Financial Services — Interest on loan — Binding effect of terms of loan agreement — Increase in rate of interest, in terms of the executed agreement: Where agreement providing for adjustable rate of interest, interpretation of the agreement and manner in which interest rate could be adjusted, determined, [Rajesh Monga v. Housing Development Finance Corpn. Ltd., (2024) 5 SCC 299]

Election — Political Parties, Politics and Government Formation — Electoral Bond Scheme, 2018 — Voter’s right to information about electoral funding: In the light of illegality of Electoral Bond Scheme, 2018 as violative of voter’s right to information, consequential directions issued, [SBI v. Assn. for Democratic Reforms, (2024) 5 SCC 207]

Election — Political Parties, Politics and Government Formation — Electoral Bond Scheme, 2018 — Voter’s right to information about electoral funding: In the light of illegality of Electoral Bond Scheme, 2018 as violative of voter’s right to information, directions issued to ensure compliance with earlier directions, [Assn. for Democratic Reforms v. Union of India, (2024) 5 SCC 214]

Penal Code, 1860 — Ss. 361 and 363 — Kidnapping from lawful guardianship: Ingredients of S. 361 IPC, summarized, [William Stephen v. State of T.N., (2024) 5 SCC 258]

Service Law — Appointment — Compassionate appointment — Norms/Rules/Regulations applicable — Relevant date: Norms prevailing on date of consideration of application, form the basis for consideration of claim for compassionate appointment, [State of H.P. v. Abhishek Kumar, (2024) 5 SCC 280]

Service Law — Dismissal/Discharge — Natural Justice: Dismissal on ground of submission of fraudulent relationship certificate without considering material evidence, thus violating principles of natural justice, not permissible, [Babanna Machched v. Union of India, (2024) 5 SCC 306]

Service Law — Police — Appointment — Eligibility conditions/criteria — Character/Antecedents — Information regarding character and antecedents furnished in verification form at time of appointment: Law clarified on non-disclosure of information regarding character and antecedents furnished in verification form at time of appointment, [Ravindra Kumar v. State of U.P., (2024) 5 SCC 264]

Specific Relief Act, 1963 — S. 34 proviso and S. 5 — Declaratory suit without consequential relief — Maintainability: Suit for declaration of title without seeking recovery of possession, reiterated, not maintainable when plaintiff not in possession, [Vasantha v. Rajalakshmi, (2024) 5 SCC 282]

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