2024 SCC Vol. 5 Part 5

Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 — S. 4(1)(f) — Suit for misdelivery of cargo and maritime claim by financing bank (consignee) against the owners of defendant vessel: Scope of intra-court appeals from interim orders to Commercial Appellate Division of the High Court in an admiralty suit, Owners & Parties Interested in the [Vessel M.V. Polaris Galaxy v. Banque Cantonale De Geneve, (2024) 5 SCC 750]

Arbitration and Conciliation Act, 1996 — S. 36 — Execution of award: Conversion of awarded sum to Indian Currency (INR) and adjudication of rate of conversion is not required when the agreement between the parties and the award did not contemplate payment in Indian Currency, [NPCC v. Royal Construction Co. (P) Ltd., (2024) 5 SCC 803]

Arbitration and Conciliation Act, 1996 — Ss. 34 and 37 — Scope of interference with award: Fixation of date of conversion of awarded amount contrary to agreement and award and change of rate of interest, not permissible, [NPCC v. Royal Construction Co. (P) Ltd., (2024) 5 SCC 811]

Commercial Courts Act, 2015 — S. 12-A — Exception from mandatory pre-litigation mediation in cases where urgent interim relief is sought: Plaintiff does not have any absolute choice and right to bypass mandatory provision under S. 12-A of the CC Act by making a prayer for urgent interim relief, [Yamini Manohar v. T.K.D. Keerthi, (2024) 5 SCC 815]

Constitution of India — Arts. 105 and 194 — Parliamentary privileges: Law clarified on scope and limitation of freedom of speech and right to vote of MPs and MLAs protected under Arts. 105 and 194. Parliamentary privilege to speak and vote in the legislature or committee thereof, does not extend to immunity from criminal prosecution for bribery, [Sita Soren v. Union of India, (2024) 5 SCC 629]

Criminal Procedure Code, 1973 — Ss. 432, 433 and 433-A — Remission of sentence or premature release: Principles clarified re determination of applicable Remission Policy and effect of its subsequent liberalization, [Hitesh v. State of Gujarat, (2024) 5 SCC 627]

Human and Civil Rights — Rights of Differently-Abled/Disabled Persons and Mental Health — Education and Public Employment — Common Law Admission Test (CLAT): Taking judicial notice of delay in issuance of CLAT Guidelines for Persons with Benchmark Disabilities (PwDs)/Specially Abled Persons (SAPs) 2023, proper time for notification of said Guidelines, clarified for future CLAT exams, [Arnab Roy v. NLU Consortium, (2024) 5 SCC 793]

Insolvency and Bankruptcy Code, 2016 — S. 14 r/w S. 9 — Execution of consumer award/order: Execution proceedings against Directors/officers of corporate debtor — Permissibility of: Bar/Moratorium under S. 14 IBC is not applicable against individuals otherwise liable to abide by and comply with order, [Ansal Crown Heights Flat Buyers Assn. v. Ansal Crown Infrabuild (P) Ltd., (2024) 5 SCC 745]

Penal Code, 1860 — Ss. 376 and 376-AB: Determination of rape (of minor) whether “barbaric and brutal” or whether “barbaric” but not “brutal”, [Bhaggi v. State of M.P., (2024) 5 SCC 782]

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