Supreme Court Weekly Round-Up

Foreign Law Firms Can’t Set Up Office In India: Foreign Lawyers Can Advice Clients On ‘Fly in And Fly Out’ BasisSupreme Court of India on Tuesday held that foreign law firms cannot set up offices in India or practice in Indian Courts. But they can give advice to Indian clients on ‘fly in and fly out’ mode in temporary basis. The Bench also directed the Centre and BCI to frame rules.Money Lending Business: Provisions Prohibiting Payment Of Interest On Amount Of Security Deposits Not UnconstitutionalThe Supreme Court in State of Karnataka vs. The Karnataka Pawn Brokers Assn., held that provisions prohibiting payment of interest in Karnataka Money Lenders Act, 1961 and Karnataka Pawn Brokers Act, 1961 on the amount of security deposits cannot be said to be arbitrary or violative of Article 14 of the Constitution of India.Arbitration Amendment Act 2015: New Section 36 Apply Even To pending Section 34 Applications On The Date Of Commencement Of The Amendment Act A Supreme Court bench of Justice R.F. Nariman and Justice Navin Sinha on Thursday pronounced the judgment in Board of Control for Cricket in India v Kochi Cricket Pvt. Ltd and etc. The question before the bench was whether the substitution made to Section 36 of the Arbitration Act by 2015 Amendment would apply even to appeals under Section 34 filed before the date of amendment, i.e 23.10.2015.Courts Can’t Refer Parties To Arbitration On Oral Consent Given By Their CounselThe Supreme Court, in KSEB v Kurien E Kalathil, observed that in the absence of arbitration agreement, the court can refer parties to arbitration only with written consent of parties either by way of a joint memo or joint application and not on oral consent given by their counsel.SC Comes To Rescue Of Farmers Who Lost Their Lands To Private Builders Under Sham Land Acquisition Proceedings The Supreme Court dealt with a whopping land acquisition scam involving 688 acres of prime land in National Capital Region in Haryana in the case Rameshwar and Others v State of Haryana and Others. The case revealed a devious modus operandi employed by private builders to take hold of lands using the medium of Land Acquisition Act.Chartered Ship Owned By Third Party Can’t Be Arrested In Maritime Claim Against ChartererSettling an important point of law in admiralty jurisdiction, the Supreme Court has held that a maritime claim against the charterer of a ship, who is not the de jure owner of the ship, cannot be enforced through a restraint order against the ship owned by a third party. The Supreme Court bench comprising Justice J Chelameswar and Justice SK Kaul was considering appeals challenging the refusal of Bombay High Court to enforce maritime claims through the arrest of vessel Geowave Commander.SC Acquits Woman Accused Of Killing Her Son-In-Law, Sets Aside Concurrent ConvictionsThe Supreme Court acquitted a lady accused of murdering her son-in-law by setting aside concurrent findings of the trial court and the high court. Wife and mother-in-law of deceased Brij Bhushan Tiwari were accused of killing him while he paid a visit to their house. During the pendency of the trial, the accused wife died. The trial court found the mother-in-law guilty and sentenced her to life imprisonment. The conviction was later upheld by the high court.Demonstrations Which Create Disturbance To Public Not Protected Under Article 19(1)Supreme Court of India on Friday observed that demonstrations are also a mode of expression of the rights guaranteed under Article 19(1)(a) and the demonstrations whether political, religious or social or other demonstrations which create public, disturbances or operate as nuisances, or create or manifestly threaten some tangible public or private mischief, are not covered by protection under Article 19(1).SC Extends Deadline for Mandatory Linkage Of Aadhaar With Bank Accounts And Mobile Till The Disposal Of Aadhaar Cases The five-judges Constitution bench of the Supreme Court on Tuesday extended the deadline for mandatory linkage of Aadhaar number with bank accounts and mobile numbers till the disposal of petitions challenging the Constitutional validity of Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. But this extension is not applicable to availing services and subsidies under section 7 of Act.SC Rejects GJM President’s Plea To Transfer All Cases Pending Against Him, Other Members To CBI/NIAThe Supreme Court dismissed plea of the president of the Gorkha Janmukti Morcha (GJM) seeking transfer of investigation of all First Information Reports lodged against the petitioner and other members of the GJM, to the NIA/CBI.SC Asks Developer To Pay Rs. 2.27 Cr Compensation To Buyer, Modifies NCDRC Order Of Rs 3.65 Cr Damages Observing that the rule of measuring damages from the time of breach of contract is flexible, the Supreme Court modified compensation of Rs 3.65 crore awarded by NCDRC to a flat buyer in a redevelopment project to Rs 2.27...

Supreme Court Weekly Round-Up

Ashok K.M

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