Can Arbitral Awards Be Modified in Setting Aside Proceedings? — A Brief on the Supreme Court’s Reinterpretation of Section 34 of the Arbitration and Conciliation Act, 1996
by Aashish Gupta*, Puneeth Ganapathy** and Rishab Aggarwal***
Supreme Court
Ensuring Frivolity is Filtered: Supreme Court’s Stand on Artistic Expression
by C. George Thomas* and Ansh Mittal**
Supreme Court Roundup April 2025 | Stories on Manual Scavenging; Modification of Arbitral Award; Child Trafficking; and Appointment of Justice B.R. Gavai as 52nd CJI
This comprehensive roundup brings together the Court’s most impactful rulings and judicial developments from the month.
Supreme Court overturns Sikkim High Court ruling on leave encashment for re-employed retired government employees beyond 300 days under Sikkim Leave Rules
While leave encashment served to reward the extraordinary work ethic of an employee, its application needed to uphold both the legal rights of the employee and the long-term viability of the institution. Courts, therefore, had to interpret leave encashment provisions and related statutes in a manner that protected against undue financial burden on the employer while ensuring lawful entitlements were honored.
Courts have limited power to modify arbitral awards under Sections 34 and 37 of Arbitration and Conciliation Act: Supreme Court by 4:1 majority
Section 34 of the Arbitration and Conciliation Act, 1996 provides the legal framework for challenging an arbitral award before a court, while Section 37 governs appeals against specific orders passed under the Act, including those made under Section 34.
Supreme Court stays Delhi HC’s direction to Consortium of NLUs to revise CLAT 2025 result
The High Court had directed that all the candidates who participated in CLAT UG 2025 with respect to the Sets ‘B’, ‘C’ & ‘D’ of question papers shall, as a consequence, be granted the marks indicated against the said question.
SC refuses to entertain fresh pleas challenging Waqf (Amendment) Act
The Court granted liberty to the petitioners to withdraw the pleas and raise additional grounds as impleaders/intervenors in the ongoing hearing of the main case listed next week.
Judicial Developments under the MSMED Act: A Quarterly Digest (January-March 2025)
by Milind Sharma*, Abhisaar Bairagi** and Ausaf Ayyub***
Can promotion be denied based on adverse confidential reports which were never conveyed to the employee, depriving of opportunity to representation? SC answers
The Commandant with Border Security Force (BSF) was denied promotion to the post of Deputy Inspector General from the date his juniors were promoted.
Section 197(1) CrPC available only to public servants whose appointing authority is Central or State Government; Deputation does not dissolve public servant status: SC reiterates
In the matter at hand, the accused was an Executive Engineer, Municipal Corporation, Chandigarh, and caused wrongful loss in excess of Rs. 13.66 crore to the Government exchequer by changing the terms and conditions of the Detailed Notice Inviting Tender.
SC directs release of YouTuber Ranveer Allahbadia’s passport, considering the completion of investigation in India’s Got Latent controversy
Earlier, the Court stayed his arrest in two FIRs registered in Maharashtra and Assam, subject to his cooperation in the investigation, while barring him from doing any further shows.
Supreme Court pulls up Government of Haryana for non-compliance in manual scavenging compensation case; Orders Chief Secretary’s Personal Presence
“It appears that the State of Haryana has not paid any attention to our order dated 3-1-2025 nor has looked into the representation filed by the petitioner”
Supreme Court invokes Article 142 to dissolve marriage on grounds of irretrievable breakdown; Grants wife visitation rights with daughter
“In the interest of justice, equity, and the welfare of the child, we deem it appropriate to grant visitation rights to the wife so that she may gradually rebuild a bond with her daughter.”
Know Thy Judge | Supreme Court of India: Justice K. Vinod Chandran
Formerly a Judge of Kerala High Court and Chief Justice of Patna High Court, Justice K. Vinod Chandran was appointed as Judge of Supreme Court in January 2025.
Supreme Court upholds acquittal of man accused of burning wife and three daughters alive in 17 year old case
“When an appeal against conviction is preferred before the High Court, at the earliest stage, the High Court must examine whether there is a proper statement of the accused recorded under Section 313 of CrPC (Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023).”
Supreme Court invokes Article 142 to restore original sentence and order release after convict serves excess term in POCSO case
The original judgment of the Special Court convicted and imposed a sentence of rigorous imprisonment for seven years on the convict. However, the convict had already undergone eleven years of actual sentence.
Mere mention of certain psychotropic substances under Drugs & Cosmetics regime would not take them away from the purview of NDPS Act: SC
The Court further held that in order to meet the ends of justice and with a view to ensure that public interest is safeguarded and to give effect to the salutary object behind the enactment of the NDPS Act, the decision in Union of India v. Sanjeev V. Deshpande (2014) 13 SCC 1, must be given retrospective application.
Are Ex-Military Nursing Service officers considered “ex-servicemen” for State reservation and employment? Supreme Court answers
“Effective resettlement of ex-servicemen is necessary to keep the morale of the serving members of the defence forces. If the resettlement of veterans is neglected, the talented youth of the nation may not be motivated to join armed forces.”
Supreme Court upholds consumers’ right to peaceful protest; Quashes defamation complaint filed by developer against homebuyers
“Homebuyers and developers have not always been the best of friends. Instances are innumerable where the two have been at daggers drawn. This case presents one such instance”
Supreme Court resolves complexities of Section 15(2) of the Copyright Act with a two-pronged approach for design protection
In the present case, the Supreme Court examined the vagaries of IP law and the intrinsic synergy that exists between two independent legislations, namely the Designs Act and the Copyright Act.