Issue of genuineness of arbitration agreement be decided by Arbitrator as preliminary issue under Section 11(6A): Supreme Court
The matter revolves around the alleged forgery/genuineness of the agreements containing the arbitration clause.
Supreme Court
Know Thy Judge | Justice N. Kotiswar Singh’s journey as the First Judge from Manipur to the Supreme Court
Justice Nongmeikapam Kotiswar Singh served as the Chief Justice of Jammu & Kashmir and Ladakh High Court, prior to being elevated as Judge of the Supreme Court of India on 18-7-2024.
Addressing overcrowding in prisons, Supreme Court issues directions for expansion and uniform governance of Open Correctional Institutions
“Continued underutilisation, despite availability of infrastructure, reflects a systemic indifference to deploy reformative mechanisms and warrants immediate corrective measures.”
‘Sharbat Rooh Afza’ classifiable as fruit drink under Entry 103 of UPVAT Act taxable at 4%: Supreme Court
“The nomenclature “sharbat” does not strip the product of its essential character as a fruit-based beverage concentrate, particularly where its composition and intended use align with that understanding.”
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.
NCERT Class-8 textbook Judiciary Chapter| SC takes suo motu cognisance, orders nationwide withdrawal, issues contempt notice
Observing that decontextualised criticism in a school curriculum may undermine institutional dignity and influence impressionable minds, the Supreme Court ordered seizure of all copies of the NCERT Grade-8 textbook and issued show-cause notices for criminal contempt.
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.”
Know why Supreme Court deprecated the practise of compensation enhancement & sentence reduction in grave offences
Culling out the basic factors for imposition of sentence, the Court stated that, “The supreme objective of law is the protection of society and creating a deterrence against crime by imposing adequate punishment.”
Bureaucratic Delay no Ground for Condonation; Supreme Court dismisses SLP as time-barred for State being ‘utterly lethargic, tardy and indolent’
“Despite all the latitude that is shown to a “State”, we are of the clear opinion that 10 the cause sought to be shown here by the State of Odisha is not an explanation but a lame excuse. No case for exercise of discretion has been set up.”
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.”
Supreme Court dismisses Centre’s plea on Retrospective Honorarium to Law Researchers
“The question of law is kept open to be decided in an appropriate case.”
Anticipatory bail ordinarily continues without fixed expiry unless special reasons recorded: Supreme Court
“The filing of a charge-sheet, taking of cognizance, or issuance of summons does not terminate protection unless special reasons are recorded.”
Almost 9 Decades on, Muslim Personal Law (Shariat) Application Act still without Rules; Supreme Court seeks answer
The Court impleaded Union of India through Secretary, Department of Legislation and State of Uttar Pradesh through its Chief Secretary as new party respondent.
Supreme Court directs NIA to submit report on applicability of UAPA in Beldanga violence; Calcutta High Court to assess report
In the present case, the Government of India directed the NIA to investigate a FIR filed by West Bengal Police under multiple laws. The State argued that, even without investigation or supporting material, the order itself claimed the FIR allegations fall under Section 15(1)(a) of Unlawful Activities (Prevention) Act, 1967.
Successive FIRs to Defeat Bail amount to Abuse of Process : Supreme Court invokes Article 32 to grant Bail
“Article 32 of the Indian Constitution is deemed to be “heart and soul” of the Constitution as it empowers any citizen to directly approach the Supreme Court for the enforcement of fundamental rights.”
Disability pension arrears can’t be restricted to three years once broad banding entitlement stands judicially settled: Supreme Court
Disability pension is a vested and recurring right, partaking the character of property under Article 300-A, and once found due, must be granted from the date it became payable.
Section 2(e) of Payment of Gratuity Act doesn’t apply to Central Govt. employees holding Civil Posts: Supreme Court
“The employees fall within the exclusionary clause of Section 2(e) of the PG Act. The result of such exclusion is that Sections 5 and 14 are not attracted in deciding on the applicability of the PG Act to the employees of HWP”
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).”
₹2 Crores for faulty haircut? Supreme Court ‘Trims’ Compensation to ₹25 Lakh
“The damages cannot be awarded merely on presumptions or whims and fancies of the complainant. To make out a case for award of dam ages, especially when the claim is to the tune of crores of rupees, some trustworthy and reliable evidence has to be led.”
Supreme Court grants anticipatory bail in Arms Act case; considers cross-case linked to civil land dispute
In the present case, the appellant is accused of assaulting the informant’s family and firing shots. The police recovered cartridges and bullets at the scene. The appellant submits that he has been falsely implicated. However, his anticipatory bail was rejected, leading to this petition.