Supreme Court Archives | Page 83 of 178

Explained| Can An Award Be Remitted To The Arbitrator In Absence Of Findings On The Contentious Issues?

Supreme Court: Explaining the provision of remission under Section 34 (4) of the Arbitration and Conciliation Act, 1996, the bench of R.

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Can Section 12(5) of Arbitration Amendment Act, 2015 be invoked retrospectively? Supreme Court answers

Supreme Court: Applying the rule against bias and neutrality of the Arbitrator, the Division Bench of M.R. Shah* and B.V. Nagarathna, jj.,

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Delinquent employee doesn’t have an absolute right to be represented in departmental proceedings by the agent of his choice: SC

Supreme Court: In a case where the Rajasthan High Court had permitted the respondent employee who is facing disciplinary proceedings to represent

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Whether adoption of parent Government Resolution by an undertaking leads to automatic adoption of subsequent modifying resolutions? SC decides

Supreme Court: The Division Bench of Dr Dhananjaya Y Chandrachud and M. R. Shah*, JJ., held that equation of posts and salary

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Explained| Is State Election Commission/Collector’s order under Section 14B(1) of Maharashtra Village Panchayats Act, 1959 refusing to disqualify a Sarpanch/Member of Panchayat appealable?

Supreme Court: Answering an interesting question of law, the Bench of AM Khanwilkar* and CT Ravikumar, JJ has held that no remedy

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“Not a case of lack of promotional opportunities”; No financial upgradation to employee refusing regular promotion for personal reasons: SC

Supreme Court: The bench of R. Subhash Reddy and Hrishikesh Roy*, JJ has held that if a regular promotion is offered but

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Order de hors reasoning cannot result in grant of bail! SC holds informant has a right to assail bail orders bereft of reasons before a higher forum

Supreme Court: The 3-judge Bench comprising of L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna*, JJ., held that though it is not

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3-year old raped and strangulated to death; Read why Supreme Court commuted Death Sentence to life imprisonment

Supreme Court: In a case where a 3 year old girl was raped and strangulated to death, the 3-judge Bench of L.

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“Democratic interests cannot be judicially aborted to preserve unfettered freedom to conduct business, of the few”; Govt. decision to ban MTTs in PPE products ensures adequate PPE in India: SC

“This Court must be circumspect that the rights and freedoms guaranteed under the Constitution do not become a weapon in the arsenal of private businesses to disable regulation enacted in the public interest.”

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When 25% of the bid is already paid, whether failure to deposit the remaining 75% empowers the Bank to direct forfeiture of money even when Bank suffered no loss in subsequent auction? SC answers

Supreme Court: The Division Bench comprising of M.R. Shah and B.V. Nagarathna, JJ., directed the Indian Bank to refund the 25% auction

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Non-filing of affidavit in Form 25; Is it fatal for maintainability of election petition? Supreme Court decides

“Once there is an affidavit, albeit not in Form 25, the appropriate course would be to permit an affidavit to be filed in Form 25.”

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Delay of 1011 days condoned by Andhra Pradesh HC! What a grave error, holds Supreme Court

Supreme Court: In a case where the Andhra Pradesh High Court had condoned a delay of 1011 days even though no sufficient

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Examination of a ballistic expert is not an inflexible rule in every case involving use of a lethal weapon: SC

Supreme Court: In a case where deceased had sustained a gun-shot injury with a point of entry and exit, the 3-judge bench

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Notification to exempt land from acquisition under LA Act is not a quasi-judicial order; will not confer any vested rights to the landowner: Supreme Court

“It is trite to point out that an order secured by fraud and misrepresentation will not confer any vested right and that, therefore, the land owners cannot pitch their claim either on the basis of vesting or on the basis of Article 300A.”

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Explained| To constitute a charge under Section 397 IPC, is it necessary to prove that the offender has put the weapon/firearm to “use”?

Supreme Court: The 3-judge bench of NV Ramana, CJI and AS Bopanna* and Hima Kohli, JJ has elaborated on the question as

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“NCLT can encourage settlements, it cannot direct it by acting as courts of equity” SC holds NCLT has limited powers to either admit or reject an application u/s 7(5) of IBC

Supreme Court: The Division Bench comprising of Dr Dhananjaya Y Chandrachud* and A S Bopanna, JJ., held that the powers of NCLT

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Explained| Order dictated in Open Court but not signed: Can it be recalled? When does a judgment really become a judgment?

Supreme Court: In a case where the order was dictated in the court, but had not been signed, the 3-judge bench of

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1273 Complaints from State Bar Councils transferred to BCI in last 5 years: SC unimpressed by COVID-19 Pandemic excuse for non-disposal of complaints; Issues Directions

Supreme Court: The bench of MR Shah* and BV Nagarathna, JJ has issued a series of directions after it was brought to

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Dowry Death| Wife goes missing from matrimonial home; body found a week later: Circumstances unerringly point to husband’s guilt despite slipshod investigation, holds SC

Supreme Court: Despite a slipshod investigation in a case, the 3-judge bench of NV Ramana, Surya Kant and Hima Kohli*, JJ has

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Conspiracy and abetment of corruption; SC holds section 13 of Prevention of Corruption Act cannot be invoked against non-public servant

Supreme Court: While dealing with a case of abetment and conspiracy for commission of criminal misconduct by public servant, the Division Bench