Does the Issue of Reference to Larger Bench Require Reference to a Larger Bench?
by Abhishek Gupta* and Kumar Kartikeya**
Reference to larger bench
Supreme Court: Bharat Drilling Not an Authority on Applicability of prohibited claim clauses to Arbitral Tribunal; Larger Bench to reconsider
In order to obviate uncertainty and for clear declaration of law, the Court referred Bharat Drilling to a larger bench for reconsideration and authoritative decision.
‘Condonation of delay under Bihar Public Works Contracts Disputes Arbitration Act governed by Limitation Act or Arbitration and Conciliation Act?’: Patna HC refers matter to larger bench
“As there is conflicting view upon the same by co-ordinate benches, in such circumstances this Court is of the view that the issue should be examined by a larger bench.”
SC 5-Judge Bench to decide if writ under Art. 226 would be maintainable against an order passed by Micro and Small Enterprises Facilitation Council
The Court took note of the conflicting Division Bench decisions regarding whether a writ petition could be entertained against any order/award of the MSEFC, and whether there is complete prohibition on maintainability of the writ petition before the High Court.
Explained | Why SC referred matter concerning clear interpretation of S. 14, Hindu Succession Act to larger bench
The Court pointed out that the issue is of utmost importance as it affects the rights of every Hindu female. It is absolutely necessary that there must be clarity and certainty in the position of law that would govern proprietary interests of parties involving interpretation of Section 14 of the Hindu Succession Act.
Decoding Maharashtra Political Crisis: From how it all started to Supreme Court’s ‘Big’ Verdict
The five Judge Constitution Bench of the Supreme Court has upheld the Governor’s decision of inviting Eknath Shinde to form the Government in the State of Maharashtra and has refused to quash Udhav Thackeray’s resignation as it was submitted voluntarily before the floor test. This Explainer not just provides a Bird’s-Eye view of the Supreme Court Judgment for easy reference but also gives a detailed point-wise breakdown of each issue.
Eknath Shinde v Uddhav Thackeray| SC Constitution bench reserves order on question of reference of 5-judge bench ‘Nabam Rebia’ verdict to a 7-judge bench
The Supreme court while considering the plea posed by Senior Advocate Kapil Sibal appearing on behalf of Uddhav Thackeray faction seeking reference of the Nabam Rabia judgment reserved its order dated 16-02-2023.
Supreme Court August 2022 Roundup| Justice UU Lalit’s plan as 49th CJI; Benami Property Law; ‘Unconventional’ Families; Release of Bilkis Bano Rapists; Hate Speeches; GST; and more
This roundup contains reports on Justice NV Ramana’s retirement as the 48th CJI; Justice UU Lalit’s plan as new CJI; Rulings on Benami Property law; Unconventional families and their rights; UP CM Yogi Adityanath Hate Speech; Orders on Release of Bilkis Bano’s rapists, PM Security lapse, Pegasus Spyware; PMLA cases; Explainers; Important references to larger/Constitution Benches and ‘Know Thy Judge’ reports on Supreme Court Judges and more.
“Promise of freebies by political parties may push State towards bankruptcy”, says Supreme Court: Read the 4 issues referred to a larger Bench
Supreme Court: The 3-judge bench of NV Ramana, CJ and Hima Kohli and CT Ravikumar, JJ has referred, the matter relating to
Can accused be tried under NI Act as well as under IPC on similar set of allegations or will it amount to double jeopardy? Larger SC bench to decide
Supreme Court: The bench of SA Nazeer and JK Maheshwari*, JJ has called upon a larger bench to decide if on similar