Bringing you the Best Analytical Legal News
This column will list all the case briefs on the decisions of the Supreme Court
The Goa State notification of High Court of Bombay at Goa Officers and the Members of the Staff on the Establishment (Recruitment and Conditions of Service) Rules, 2023 contained a prefatory statement that they were made by the Chief Justice of the Bombay HC in exercise of the power conferred under Article 229 of the Constitution.
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Supreme Court clarified that the limited jurisdiction of the referral Courts under Section 11 must not be misused by parties in order to force other parties to the arbitration agreement to participate in a time-consuming and costly arbitration process.
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Before exercising the power under Section 482 of CrPC, the High Court must have due regard to the nature and gravity of the crime besides observing and holding that heinous and serious offences could not be quashed even though a victim or victim’s family and the offender had settled.
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“We have not expressed any opinion on the merits of the claim of either party including regarding the arbitrability of the dispute. All contentions and pleas are kept open for the parties to raise before the arbitral tribunal.”
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“For an average citizen, the construction of a house is often the culmination of years of hard work, dreams, and aspirations. A house is not just a property but embodies the collective hopes of a family or individuals for stability, security, and a future. Having a house or a roof over one’s head gives satisfaction to any person. If this is to be taken away, then the authority must be satisfied that this is the only option available.”
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Referral courts, at the stage of deciding an application for appointment of arbitrator, must not conduct an intricate evidentiary enquiry into the question whether the claims raised by the applicant are time barred.”
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“While it is true that accessibility is a right that requires “progressive realization”, this cannot mean that there is no base level of non-negotiable rules that must be adhered to. While the formulation of detailed guidelines by the various ministries is undoubtedly a laudable step, this must be done in addition to prescribing mandatory rules, and not in place of it.”
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The Court recalled a previous judgment dated 25-8-2022 on the ground that the errors apparent on the face of the record in that decision went to the root of the reasoning on both the issues of limitation and specific performance.
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The Court clarified that the ‘Closest Connection Test’ for determining the seat of arbitration is no longer a viable criterion for determination. The seat of arbitration cannot be determined by formulaic and unpredictable application of choice of law rules based on abstract connecting factors to the underlying contract.
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“While applying the principles of Order 23 Rule 1 of CPC to applications under Section 11(6) of the Arbitration and Conciliation Act, 1996, it must be kept in mind that it will act as a bar to only those applications which are filed subsequent to the withdrawal of a previous Section 11(6) application filed on the basis of the same cause of action.”
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The Court noted that the 2021 decision was rendered without taking note of the relevant statutory scheme under Customs Act, 1962 and government circulars and notifications issued which empowered the officers of Directorate of Revenue Intelligence (DRI) to issue show cause notices.
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“To assume that the minorities of the country require some ‘safe haven’ for attaining education and knowledge is wholly incorrect. The minorities of the country have not just joined the mainstream but comprise an important facet of the mainstream itself.”
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The Arbitration and Conciliation Act, 1996 does not prohibit Public Sector Undertakings from empanelling potential arbitrators, however, an arbitration clause cannot mandate the other party to select its arbitrator from the panel curated by PSUs.
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The Court pointed out that there is no embargo on considering the plea of absence of sanction, after cognizance is taken by the Special Court of the offences punishable under Section 4 of the PMLA.
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“Central to the principles of reasonable accommodation and the individualized experience of disability is the right to access legal protections without undue mental hardship. If persons with disabilities must repeatedly turn to the courts to correct the missteps of authorities, then the rights recognized by this Court and the RPWD Act risk becoming hollow assurances.”
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The Court said that governmental entities must be treated in a similar fashion to private parties insofar as proceedings under the Arbitration Act are concerned, except where otherwise indicated by law.
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It is manifest that it is the KPSC, with its vacillating and dithering stance, that is largely responsible for this long-pending litigation, impacting the lives, hopes and aspirations of nearly twelve hundred candidates
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A Division Bench of Allahabad High Court in March 2024, had declared the Madarsa Act to be unconstitutional for being violative of the principle of Secularism, Articles 14, 21 and 21-A of the Constitution and violative of Section 22 of UGC Act, 1956.
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“The prime object of FIR, from the point of view of the informant is to set the criminal law in motion and from the point of the investigating authorities is to obtain information about the alleged activity to enable them to take suitable steps to trace and book the guilty. FIR is an important document, though not a substantial piece of evidence, and may be put in evidence to support or contradict the evidence of its maker viz., the informant.”
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“Appellate Courts must also keep in mind that the conditions imposed while suspending sentence of fine, should not be such that they are impossible to comply with, for such condition may amount to defeating the appellant’s right of appeal against the order of conviction.”
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