Supreme Court sets aside the Punjab and Haryana High Court’s order for hallucination of facts without application of mind
The Court took note of the hallucination of facts in the Punjab and Haryana High Court’s order while setting it aside.
Justice Sanjay Kumar
Courts Have a ‘Disturbing Tendency’ to Set Aside Arbitral Awards by Reassessing Facts: Karnataka HC Warning Upheld by Supreme Court
Supreme Court dismissed SLP filed by BMRCL challenging Karnataka High Court judgment restoring arbitral award in favour of Navayuga Engineering Company, reiterating limited scope of interference under Sections 34 and 37, Arbitration and Conciliation Act, 1996 and upholding award including finance charges as compensatory claim.
Rejection of Jurisdictional Plea Not an Interim Award; Challenge Lies Only After Final Arbitral Award: Supreme Court
Supreme Court clarifies that rejection of a jurisdictional plea under Section 16, Arbitration and Conciliation Act, 1996 cannot be challenged under Section 34 at an interim stage and must await the final arbitral award.
Can Complainant Wife and Her Family Be Prosecuted for ‘Giving Dowry’? Supreme Court Clarifies
“If both the giver and the taker are penalised, no giver of dowry can be expected to come forward to make a complaint, being under the threat of being prosecuted himself.”
Pre-existing dispute irrelevant once debt and default proved: Supreme Court restores Section 7 IBC proceedings
Unapproved restructuring of loan facility not in compliance with the Debenture Trust Deed cannot defeat the admission of Section 7 IBC application once financial debt and default are established.
Telecom Operator liable to pay reserve price for continued operation from date of 2G spectrum judgment: Supreme Court
“Having slept over the matter for that length of time, the DoT cannot take advantage of its own lassitude and seek to mulct upon the respondent interest liability for that period.”
Nepotism in Government Welfare Societies: Supreme Court quashes arbitrary allotment of Super Deluxe Flats and imposes costs
“Nepotism and self-aggrandizement are anathema to a democratic system, more so when it happens within a society comprising members of the government service, enabling housing facilities to its members by transparent allotment.”
Section 29-A doesn’t mandate automatic substitution of Arbitrator; Supreme Court set asides order terminating mandate
“The impugned interim order has been passed by the High Court on a misinterpretation of the ratio of the decision of this Court in Mohan Lal Fatehpuria (supra).”
‘Arbitrator rewrote the contract in effect’; Supreme Court sets aside multi crore Arbitral Award against IRCTC in Catering Contract dispute
The Arbitrator was, therefore, not justified in undertaking interpretation of the contractual terms contrary to language used therein, which merely mirrored the policy decisions of the Railway Board which were binding in nature”.
Sex education for children must be in school curriculum from younger age; not from class IX onwards: Supreme Court
In the present case, the Court directed to file an affidavit informing as to how sex education was provided as a part of the curriculum in higher secondary schools within the State of Uttar Pradesh. Thus, an affidavit was filed by the Circle Officer, District Sambhal, Uttar Pradesh, detailing the curriculum for classes IX to XII.
Supreme Court comes to the aid of 2023 Akola City communal riots assault victim; Directs constitution of SIT & sensitisation drive for Police Dept
The appellant had alleged that he was assaulted by unknown persons during riots and was eyewitness to the murder of another victim; however, the Akola City Police Department failed to discharge their duties vis-a-vis the appellant’s medico legal case.
NCDRC cannot travel beyond pleadings and build a new case: Supreme Court sets aside order in medical negligence case; directs Rs 10 lakh refund to doctor
The complaint case categorically asserted that the nursing home was ‘inadequately and ill equipped’ to handle emergencies during deliveries. There were no allegations that the antenatal care and management of Obstetrician/Gynaecologist, were deficient in any manner.
Authority empowered to inflict minor penalties, under CCS CCA Rules, can issue charge sheet even for imposition of major penalties: Supreme Court
As per Appendix 3 appended to CCS CCA Rules, the Member Telecommunications Commission is a competent authority to impose major penalties, and the General Manager, Telecommunications, is competent to impose minor penalties.
‘One-sided, partial and inimical investigation’; SC quashes S. 306 IPC proceedings, constitutes SIT for reinvestigating girl’s suicide after alleged boyfriend’s killing
“Was there anything more sinister? Even if it was suicide what was the real cause? Was the deceased girl distraught with what happened to her friend? Considering the under-currents and the disapproval of the relationship, was there any instigation for the suicide from any other quarter?”
SC asks Trial Court to defer hearing till Sambhal Mosque Survey Order is challenged before HC
The Chief Justice of India Sanjiv Khanna remarked- “In the meantime, peace and harmony must be maintained.”
[S. 482 CrPC] Compromise between parties cannot be sole basis to quash proceedings/ FIR in sexual harassment cases, they affect society: SC
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.
Read why SC reversed Karnataka HC’s decision directing HMT & Defence Ministry to return acquired land to landowner’s successors
“Delay by the authorities, at times, may constitute a cause of action in itself. This would be especially true in a case of a live and continuing cause of action or in the event of failure to perform a mandatory statutory duty. It is, however, equally true that there can be cases where delay and laches would be fatal and can result in the dismissal of the writ petition.”
[1998 Brij Bihari Prasad murder] SC restores life sentence of former MLA Vijay Kr. Shukla & another; Acquits others on benefit of doubt
Brij Bihari Prasad, a member of the Bihar Legislative Assembly was murdered in 1998. The High Court reversed the Trial Court’s decision and acquitted the accused persons.
Improper for Court to grant interim relief in routine situations when a party has been directed to seek relief from High Court: Supreme Court
“When a party is relegated to the High Court to pursue its remedies, it would not be proper, in the normal course, to bind the said High Court with directions in relation to the proceedings to be impugned before such Court.”
‘Delay in compliance of NGT orders not wilful’; SC sets aside initiation of penal proceedings against CECB officers
The Court emphasised that every State organ, and particularly the wings of the Government associated with environment protection, such as the CECB, must be even more diligent in ensuring timely compliance with the directions of the NGT.