Trial in Absentia: A Necessary Evil?
by Anupama Arigala†
Supreme Court
EXPLAINED| Stamp Act versus Arbitration Act issue on validity of an Unstamped Arbitration Agreement as Supreme Court reserves Judgment
The Constitution bench considered a question of law : whether the instrument was duly stamped or not, was not only contrary to the plain language of Section 11(6A) of the Arbitration Act, but also wholly defeated the legislative intention of the Arbitration and Conciliation (Amendment) Act, 2015, and puts a spoke in the wheel of conduct of the arbitration process at its very inception.
Supreme Court upholds NCLAT order on payment of dues to former employees of Jet Airways
Supreme Court refused to entertain a plea moved by the consortium and upheld the National Company Law Appellate Tribunal’s order directing the consortium to pay the provident fund and gratuity dues of the employees of Jet Airways
Supreme Court strikes balance; 20-year-old pregnant woman’s child to be adopted by couple registered with CARA
The woman lost her father during the Covid-19 pandemic and her mother is unwell. She also has a married sister, 10 years older to her. However, all of them showed their inability to raise the child.
A zestful beginning of 2023 for Supreme Court as Constitution Benches assemble regularly in 10 matters in the month of January
This report revisits all the riveting and paramount Supreme Court Constitution Bench cases that were delivered, reserved for judgement and heard in the month of January 2023.
Revision of pay| VRS Employees or those who were terminated or dismissed cannot claim parity with those who retired on superannuation: SC
The Court was deciding the case where the ex-employees of Maharashtra State Financial Corporation had challenged decision denying the benefit of revision of pay scales, as recommended by the Fifth Pay Commission, to the employees who had retired or died during the period of 01.01.2006 to 29.03.2010.
Mere availability of an alternative remedy of appeal or revision would not oust High Court’s jurisdiction and render a writ petition “not maintainable”: Supreme Court
The Supreme Court observed that availability of an alternative remedy does not operate as an absolute bar to the “maintainability” of a writ petition and that the rule, which requires a party to pursue the alternative remedy provided by a statute, is a rule of policy, convenience and discretion rather than a rule of law.
Explained| Eknath Shinde versus Uddhav Thackeray: Why is Shinde’s appointment as the Maharasthra CM under challenge before Supreme Court?
The petitioner contended that Eknath Shinde’s appointment as the CM violates Article 164(1-B) of the Constitution and that the provisions for prevention of defection serves no purpose, as defectors were being rewarded for committing the constitutional sin of defection. The matter will next be heard on 14.02.2023.
Explained| Supreme Court’s order modifying guidelines given in 2018 Euthanasia Judgment
5-Judge Constitution Bench in a miscellaneous application filed to seek modifications of guidelines prescribed in 2018 Euthanasia Judgment, viewed that the guidelines need modifications. Thus, simplified the process for passive euthanasia.
WhatsApp v Right to Privacy: Supreme Court directs WhatsApp to publicize its May 2021 undertaking; to hear petition in April 2023
Supreme Court took note of an undertaking given to the Ministry of Electronics and Information Technology, Government of India, on 22-05-2021, WhatsApp had given the undertaking its users in India who have not yet accepted the 2021 privacy policy would not face any disruptions in using the application. It also directed WhatsApp to abide by the undertaking till next date of hearing.
Section 138 NI Act| Conviction cannot be confirmed once parties enter into MoU for amicable settlement of dispute: Supreme Court
The Supreme Court observed that such settlement is nothing but a compounding of the offence and hence, the Court cannot override such compounding and impose its will.
Supreme Court Collegium recommends two more names for appointment as SC Judges, against the two remaining vacancies
The Collegium recommends two more names of Justice Rajesh Bindal, Chief Justice, Allahabad High Court and Justice Aravind Kumar, Chief Justice, Gujarat
Supreme Court January 2023| Note Ban; Free Speech; Euthanasia; Delhi versus Centre; Haldwani Eviction, Dissents, Did You Know Facts, & more
This roundup revisits the analyses of Supreme Court’s judgments/orders on constitutionality of Demonetisation; Freedom of Speech of Ministers; Guidelines to withhold life support of a terminally ill patients; Tussle between Delhi Government and Centre, and more. It also covers reports on Justice SA Nazeer’s retirement; the career trajectory & important decision of Justice CT Ravikumar; Explainers on important law points; five ‘Did You Know’ facts; Cases Reported in SCC Weekly in the month of January; and a throwback from SCC Archives.
Supreme Court conditionally allows Purse Seine Fishing beyond territorial waters of Tamil Nadu
The Supreme Court considered subsequent development since 1994 as well as the Central Government’s stand while passing the instant order allowing Purse Siene Fishing, keeping the previous decisions of the Court open for deeper consideration.
Evidence can be appreciated best only when it is recorded in the language of the witness: Supreme Court
The observation of the Supreme Court came in a case where the deposition of the prosecutrix was recorded by the trial court in English language though she had deposed in her vernacular language.
‘Each breach of promise to marry is not a false promise’; Supreme Court acquits man accused of rape by a mother of three
The Supreme Court observed that the prosecutrix had betrayed her husband and three children by having relationship with the accused during the subsistence of her marriage and had continued to live with the accused even after finding out that he was a married man having children.
Supreme Court| No stereotypical assumption that where death occurs after a lapse of time, the offence is of culpable homicide
The Supreme Court upheld the conviction order passed by Chhattisgarh High Court, and further held that a lapse of time in death would not per se constitute a determinative factor as to diminish the offender’s liability from the offence of murder to that of culpable homicide, not amounting to murder.
Supreme Court calls out Rajasthan High Court for making ‘unwarranted observations’ while deciding a murder case remitted to it
It was observed that judicial discipline required that once the conviction was confirmed by the Supreme Court that too after hearing the accused, the High Court should not have thereafter made any comment on the merits of the case.
Murder convicts in a 37-year-old case to walk free after Supreme Court gives them benefit of doubt
Supreme Court held that the charge that the convicts had committed murder was not proved beyond reasonable doubt; hence, they were and are entitled to the benefit of doubt. Thus, it set aside the Trial Court and Allahabad High Court's judgment and order and acquitted the convicts.