Contractor Cannot Be Blacklisted For Life; Blacklisting Order Without Specifying Period Unsustainable : Supreme Court

The Supreme Court recently observed that a contractor cannot be blacklisted for life."One cannot be blacklisted for life. The order of blacklisting to the extent that it has not specified the period cannot be sustained", observed a bench comprising Justices Hemant Gupta and Vikram Nath.The blacklisting order was passed over an allegation that the contractor used foul language against...

Tax Cases Weekly Round-Up: 14 August To 20 August, 2022

Bombay High Court Customs Authorities Cannot Encash Bank Guarantee Before Expiry Of The Limitation Period For Filing An Appeal: Bombay High Court Case Title: S. J. Enterprises & Anr. versus Union of India The Bombay High Court has reiterated that Customs Authorities cannot encash the Bank Guarantee furnished by the assessee before the expiry of the statutory period...

Satyendar Jain Cannot Be Declared Person With Unsound Mind Or Disqualified From Delhi Legislative Assembly Under Writ Jurisdiction: Delhi High Court

The Delhi High Court has dismissed a public interest litigation seeking to declare AAP leader Satyendar Jain as a person of 'unsound mind' thereby seeking his disqualification from the Delhi Legislative Assembly.Jain is presently in judicial custody in a money laundering case being probed by the Enforcement Directorate.A division bench comprising of Chief Justice Satish Chandra Sharma and...

Arbitration Cases Weekly Round-Up: 14 August To 20 August, 2022

Bombay High Court: Arbitral Tribunal Not Barred Under Section 79 Of The RERA Act From Passing An Order Of Injunction: Bombay High Court Case Title: Ashok Palav Coop. Housing Society Ltd. versus Pankaj Bhagubhai Desai & Anr The Bombay High Court has ruled that the Arbitral Tribunal is not a Civil Court within the meaning and purview of the Code of Civil Procedure, 1908 and...

Can A Person Who Is Ineligible To Be An Arbitrator Nominate Another Arbitrator? Supreme Court Refers Issue To Larger Bench

Noting that there exists conflicting decisions on the issue of appointment of Arbitrators under Section 11 of the Arbitration and Conciliation Act, 1996, the Supreme Court, on Tuesday, referred it to a larger Bench. Given the frequent recurrence of the issue, the Apex Court also observed that the question of law be resolved at the earliest. "In the circumstances, we direct that...

Plus One Admission : CBSE Student Moves Kerala High Court Challenging State's Bonus Points Policy As Unduly Favouring State Board Students

A Student has moved the Kerala High Court challenging the policy of the State policy to award bonus marks for Plus One Admissions on the ground that it is unduly favouring students from the State Board.The petition has been moved through Advocates Aji V. Dev and Alan Priyadarshi Dev, challenging the policy of the State to award bonus marks for Plus One Admission on the grounds that it...

CJI Ramana Urges Students To Build A Vibrant Democracy Where Differences Of Identities & Opinions Are Respected

While delivering the convocation address at the Acharya Nagarjuna University at Vijayawada, Chief Justice of India urged the students to build a democracy filled with vibrancy and idealism, where the differences of identities and opinons are respected.In his address, CJI lamented the declining social participation of students. He recalled that in earlier days, Universities used to be...

Delhi Court Acquits CM Arvind Kejriwal, Manish Sisodia & Yogender Yadav In 2013 Criminal Defamation Case Filed By Advocate

A Delhi Court today acquitted Chief Minister Arvind Kejriwal, Deputy Chief Minister Manish Sisodia and former Aam Aadmi Party leader Yogender Yadav in a 2013 criminal defamation case filed by an advocate. ACMM Vidhi Gupta Anand was of the view that the Complainant had failed to prove his case beyond all reasonable doubts and that the quality and relevancy, and not quantity of evidence, is...

Sister Can't Claim Benefit Of Compassionate Appointment In Presence Of Wife Under 'UP Dying In Harness Rules': Allahabad High Court

The Allahabad High Court has held that as per the UP Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, the benefit of compassionate appointment cannot be given to a sister in the presence of a wife. The bench of Justice Neeraj Tiwari observed that under the UP Dying in Harness Rules 1974 as amended by 2021 rules, a wife has the first right to a...

Supreme Court Half Yearly Digest 2022 (Jan - Jun) CRIMINAL TRIAL

Criminal Trial - A mere chart giving description of offences, numbers and the sections of the offences and about the nature of offences cannot be taken into account at the stage of conviction - If the Prosecution wanted the Court to take note of the fact that there were other matters in which accused were involved, the concerned Chargesheets should have been produced on record...

Every Pregnant Woman Deserves Dignity, Giving Birth In Custody Traumatic For Both Mother & Child: Delhi High Court

Observing that every pregnant female deserves dignity during motherhood, the Delhi High Court has granted three months interim bail to a pregnant undertrial prisoner who was expecting her delivery in jail. Justice Anoop Kumar Mendiratta also added that pregnancy of a woman is a special circumstance which needs to be appreciated as giving birth to a child while in custody, would not only be...

State & Judiciary Burdened For 19 Yrs: Delhi High Court Quashes 2003 Cheating FIR Based On Compromise, Imposes ₹1 Lakh Cost On Accused

Quashing a 2003 cheating FIR after settlement between parties, the Delhi High Court has imposed a cost of Rs. 1 lakh on a 77 year old accused, directing that the same be deposited in PM Cares Fund for welfare of children (PM CARES for Children Scheme).Justice Swarana Kanta Sharma quashed an FIR registered under sec. 328, 420, 467, 468, 471, 323, 506 and 120B of Indian Penal Code on the...