Supreme Court Weekly Round-Up

Service Of Summons Without Mentioning Therein Specific Day, Date, Year And Time Can’t Be Held As ‘Summons Duly Served’The Supreme Court, in Auto Cars v Trimurti Cargo Movers Pvt Ltd & Ors, held that service of summons on the defendants without mentioning therein a specific day, date, year and time cannot be held as “summons duly served” on the defendants within the meaning of Order IX Rule 13 of the Code.Not Just Candidates, Their Spouses & Dependents Too Should Reveal Source Of Income & Assets While Filing NominationIn a landmark decision, the Supreme Court on Friday “allowed” the prayers in a PIL filed by NGO Lok Prahari seeking steps to prevent MPs and MLAs from amassing disproportionate assets and to make it mandatory for not only candidates but their spouses and dependents also to reveal their source of income.Conviction For Causing Disappearance Of Evidence Merely Because Of Failure To Inform Police About Crime Not JustifiedThe Supreme Court, in Dinesh Kumar Kalidas Patel v State of Gujarat, held that a person cannot be convicted for causing disappearance of evidence merely because he failed to inform the police about the crime.Arbitral Award Can Straightaway Be Executed In The Court Where Assets Are Located, Without Obtaining Transfer Of DecreePutting at rest a difference of legal opinion between several High Courts throughout the country, the Supreme Court, on Thursday, ruled that an arbitral award can straightaway be filed and executed in the Court where the assets are located, without first obtaining a transfer of decree from the Court which would have jurisdiction over the arbitral proceedings. Mere Allegation That No-Claim Certificate Was Obtained Under Financial Duress & Coercion Doesn’t Lead To Arbitrable DisputeSetting aside an arbitration reference order issued by the High Court, the Supreme Court held that the party should not have been permitted to raise arbitration dispute after accepting full and final payment of the contractual amount. The Court observed that mere allegation that no-claim certificate has been obtained under financial duress and coercion, without there being anything more to suggest the same, does not lead to an arbitrable dispute. An Employee Is Entitled To Subsistence Allowance Pending InquiryThe Supreme Court, on Thursday, ruled that an employee is entitled to subsistence allowance pending inquiry against him, opining that denial of financial resources would amount to depriving him of an opportunity to defend himself.Cauvery: SC Directs Karnataka To Release 177.25 TMC Of Water To Tamil NaduThe Supreme Court three-judges bench headed by Chief Justice Dipak Misra on Friday pronounced the judgement on the Cauvery Water Dispute between the states of Karnataka, Tamil Nadu and Kerala and the UT of Puducherry, partially allowing the appeal preferred by the state of Karnataka in 2007 against the order of the Cauvery Water Disputes Tribunal. The bench directed the state of Karnataka to release 177.25 TMC of water, instead of the 192 TMC, to the state of Tamil Nadu.Section 21A Of Banking Regulation Act Not Applicable To Agricultural Debts In States Where State Debt Relief Acts Are In ForceA Supreme Court bench comprising Justice R.F Nariman and Justice Navin Sinha in a petition filed challenging the validity of Section 21A of the Banking Regulation Act, 1949 laid down that Section 21A which prohibits courts from re-opening any transaction between a bank and its debtor on the ground of excessive rate of interest, has been held to be not applicable to agricultural debts in States where State Debt Relief Acts are in forceFile Affidavits On Payment Of Compensation To Victims Of Sexual Assault :SC To States,UTsThe Supreme Court on Thursday expressed anger as none of the states and Union Territories, except Sikkim, filed affidavits specifying the amount they received by under the Nirbhaya Fund towards victim compensation and details of how much of that amount has been disbursed to victims of sexual assault.SC Allows Judicial Officers To Participate In Selection To Delhi Higher Judicial Service The Supreme Court issued notice in writ petitions filed by judicial officers who want to participate in the selection of the Delhi Higher Judicial Service. A bench of Justice Kurian Joseph and Justice Mohan M Shantanagoudar has directed the High Court of Delhi to register the applications of the petitioners and intervenors, if they are otherwise in order, ignoring the objections regarding seven years’ practice and in case they are otherwise eligible as per the three aspects.For Ease Of Doing Business, Case Management Systems Need To Be Introduced For Efficient Justice DeliveryThe Supreme Court, on Friday, highlighted the need for a case management system, in order to improve the justice delivery aspect of ease of doing business. ““Ease of business” and “enforcement of contract” are the two new buzzwords and rightly so. For ease of doing business insofar as justice delivery is concerned, it is ...

Supreme Court Weekly Round-Up

Ashok K.M

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