Post-Award Interest Is Not Advisory But A Mandate Of The A&C Act: Calcutta High Court

The Calcutta High Court has ruled that award of future or post-award interest is not advisory but a mandate of the Arbitration and Conciliation Act, 1996 (A&C Act) and it should be given its due weightage. The Single Bench of Justice Moushumi Bhattacharya reiterated that post award interest is a safeguard against delayed payment of the amount awarded to the award...

Breaking: [Hanuman Chalisa Row] Navneet Rana & Ravi Rana Granted Bail By Mumbai Special Court

The Mumbai Special Court on Monday allowed the bail applications of independent MP Navneet Rana and her husband MLA Ravi Rana in the sedition FIR over forcibly wanting to chant the hanuman chalisa outside the personal residence of Uddhav Thackarey, Chief Minister of Maharashtra.The bail is subject to execution of personal bonds of Rs. 50,000 each. They have also been directed not to...

Breaking: Bombay High Court Rejects Review Plea Seeking Default Bail To Varavara Rao, Vernon Gonsalves & Arun Ferreira

The Bombay High Court has rejected a review application filed by three accused in the Bhima Koregaon – Elgar Parishad Case seeking bail and factual corrections in the order refusing them default bail. The court disposed of a review application filed by the three, seeking factual corrections in the order refusing them default bail and subsequently release. A division bench led...

Rule Of 'Audi Alteram Partem' Not Mandatory Where Opportunity Of Hearing Would Make No Difference In The Outcome: J&K&L High Court

Jammu & Kashmir and Ladakh High Court recently upheld an order where a person's pension was withdrawn by way of an order without affording him an opportunity of being heard. Justice Sanjeev Kumar observed that the plea of the petitioner that he was not provided a prior opportunity of being heard is not tenable in law: "The plea of the petitioner that he was not provided a...

Specific Marks Can't Be Awarded To Students When Exams Not Conducted Due To Covid-19: Madras High Court Upholds State Board's Decision

The Madras High Court recently held that there was no illegality in the state government's decision promoting students and awarding secondary school marksheets, without awarding specific marks to each student, for the reason that the examinations could not be held due to Covid-19.The court highlighted that the same is a policy decision and does not warrant any interference from...

CPC | No Prohibition On Third Party To Proceed Under O. 21 R. 97, 99 & 101 Even After Rejection Of Impleadment Under O. 1 R. 10: Orissa High Court

The Orissa High Court has held that there is 'no prohibition' to bring an application under Order 21 Rules 97, 99 and 101 even after rejection of a similar application under Order 1 Rule 10, CPC. Order 1 Rule 10 contemplates impleadment of parties.Order 21 Rules 97 empowers a decree holder to move an application in Court against resistance to possession of an immovable property. Rule 99...

Every Infraction Of Law Does Not Necessarily Affect Public Order/ Security Of State: J&K&L High Court Quashes Preventive Detention Order

The Jammu and Kashmir High Court recently set aside a detention order while differentiating between disturbance in public order and threat to security of State. The order was passed by Justice Vinod Chatterji Koul who said that an act may affect public order, but not necessarily the security of the State: "Every infraction of law must necessarily affect order, but an affecting law...

Medical Admissions Cancelled : Supreme Court Issues Notice On Students' Plea Challenging Medical Council Decision

The Supreme Court, on Monday, issued notice in a plea challenging the order of the Delhi High Court which had upheld that discharge orders passed by the National Medical Commission (erstwhile Medical Council of India), cancelling the admission of students, alleging backdoor entry in medical college. While issuing notice, a Bench comprising Justices L. Nageswara Rao and B.R. Gavai...

Once An Order Is Passed By Court Employers Have To Accept The Same As It Is Even If It Is Liked Or Not Liked By Them: Supreme Court

The Supreme Court has recently observed that once an order is passed by this Court or any other Court, the employers have to accept the same as it is even if it is liked or not liked by them. The bench of Justices MR Shah and BV Navarathna has also observed that the employers have to implement the order passed by the Court as they are. "Before we pass any further order...

Kerala Civil Courts Act| District Judge Can't Pass Judicial Orders Directing Subordinate Courts To Dispose Matters Expeditiously U/S.17: High Court

The Court added that the power of general control is confined only to matters of administration

Supreme Court Monthly Round-Up April 2022

1. Power Of Attorney Must Be Construed Strictly; Agent Can't Sell Without Express Authorisation : Supreme Court Case Title: Umadevi Nambiar Vs Thamarasseri Roman Catholic Diocese | CA 2592 of 2022 Citation: 2022 LiveLaw (SC) 338 The Supreme Court observed that the power to sell is not to be inferred from a document of Power of Attorney which has to be...

Prefer Virtual Recording Of Testimonies Of Victims Of Child Trafficking Cases : Supreme Court To Trial Courts

While hearing the matter pertaining to the virtual recording of testimonies of child victims/witnesses in cases of inter-state child trafficking, the Supreme Court, on Monday, directed the Trial Courts to give preference to recording of evidence of children at the remote point through video conferencing, especially in those child trafficking cases which have been identified to be...