Arbitration Law Roundup | A recap of top Arbitration Law cases in September 2024
Read decisions of the Supreme Court and High Courts in matters related to invocation of Bank Guarantees, Arbitral awards, Non-Signatories, and more.
Supreme Court
[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.
Supreme Court directs CBI monitored SIT investigation in Tirupati Laddu ghee adulteration allegations
The SIT formed by SC shall consist of 2 officers of CBI, nominated by the Director; 2 officers of Andhra Pradesh State Police; and 1 senior officer of FSSAI.
Supreme Court stays Madras HC’s order against Jaggi Vasudev’s Isha Foundation; Police directed not to take further action
The matter revolves around a habeas corpus petition filed in the Madras High Court by a father who alleged that Isha Foundation is engaging in manipulative practices, effectively brainwashing individuals and making them monks.
SC holds provisions of Prison Manuals/ Rules enabling caste-based discrimination of manual labour as unconstitutional
States and Union Territories have been directed to revise and change the prison manuals to end caste-based allotment of work.
Arbitration and Conciliation Act | Appellate power of Section 37 is limited within the domain of Section 34: Supreme Court
“Merely for the reason that the view of the Appellate Court is a better view than the one taken by the arbitral tribunal, is no ground to set aside the award”.
Supreme Court Roundup September 2024|Delhi Excise Liquor Policy; Kolkata Rape and Murder Case; Final-year law students in AIBE; Tirupati Laddu Controversy; and More
Several controversies and incidents made their way to the corridors of Supreme Court in September. This roundup revisits it all, providing a track of all the recent updates, landmark rulings, collegium recommendations, along with some statistics from NJDG.
[Delhi Education Rules] NDMC not responsible for salaries upon unlawful closure of School by DSGMC: Supreme Court
DSGMC cannot be allowed to take shield of Rule 47 of Delhi Education Rules to claim that burden of re-employment and payment of salaries of surplus teachers and non-teaching staff upon closure of school. The question of absorption only arises when the closure of the school is done in accordance with law, which requires full justification and prior approval of the Director as per Rule 46.
Supreme Court invokes Article 142 to aid Dalit student’s IIT fee issue; Grants admission to original allotment batch
Supreme Court acknowledged that the petitioner’s admission had been delayed through no fault of his own. It requested the Director of IIT Dhanbad to utilize his good offices to facilitate the petitioner’s ability to complete the coursework for the time already elapse.
[Tirupati Laddu Controversy] Supreme Court criticizes Andhra Pradesh CM Naidu for making public comments while matter was still under investigation
“Four writ petitions have been filed seeking various prayers, inter alia, including an independent enquiry and directions for establishing regulatory frameworks with respect to the religious trust and specifically the preparation of the prasadam”
[1992-93 Bombay Riots] SC seeks report on compliance of directions for tracing heirs of victims and payment of compensation
The 1992 and 1993 riots in Bombay were triggered by the demolition of Babri Masjid and led to unfortunate 900 death, 168 persons missing and about 2036 suffered injuries.
Delhi High Court quashes blacklisting of 17 Haj Group Organizers on lack of clear notice on debarment
While the impugned orders are elaborate and explicitly cite specific provisions and clauses of the Haj Policy, 2023, which the petitioners were found to be violating, the show cause notices do not refer to any violations of the Haj Policy, 2023, attributable to the petitioners.
NRJ Series | When SC dismissed plea of Math’s head to restrain State from enforcing provisions of Bombay Public Trusts Act, 1950 of it being unconstitutional [(1954) 1 SCC 483]
This report covers the Supreme Court’s Never Reported Judgment, on the Bombay Public Trusts Act, 1950, dating back to the year 1954.
‘Technological impediment cannot be a reason for harassing assessee year after year’ Supreme Court directs IT Department to upgrade software
The Central Board for Direct Taxes was also directed to take necessary steps for rectifying the software as the issue may not be resolved by the Jurisdictional Assessing Officer.
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.”
Supreme Court criticizes Commission for Air Quality Management for not taking sufficient measures to reduce pollution in Delhi and neighbouring regions
Stubble burning is the practice where farmers ignite straw stubble left in the fields after harvesting grains such as wheat and paddy. This method is used to ready the land for the next crop cycle. While it is the most convenient and cost-effective way to clear fields, it significantly deteriorates air quality.
[Cash-for-Job Scam] Supreme Court grants bail to former TN Minister V Senthil Balaji in money laundering case
V. Senthil Balaji was arrested and remanded to judicial custody on 14-06-2023 for an alleged offence under Section 3 of PMLA.
Supreme Court closes suo motu proceedings against Justice Srishananda after his apology; Cautions judges to avoid casual remarks
“Casual observation may indicate personal biases especially when perceived to be directed at a certain gender or community. One must be wary of making patriarchal or misogynistic comments”
SC dismisses petitions challenging Punjab & Haryana HC order quashing Govt. notification amending conditions for NRI quota admissions in State’s medical colleges
Supreme Court called broadening the definition of NRI candidate a ‘money-spinning tactic’.
Writ Jurisdiction and Arbitral Autonomy: Striking the Right Balance in India’s Arbitration Landscape
by Vasanth Rajasekaran* and Harshvardhan Korada**