Supreme Court Weekly Round-Up
Principle Of ‘Moulding Of Relief’ Can’t Be Invoked At Interlocutory Stage
The Supreme Court observed that principle of moulding of relief could at best be resorted to at the time of consideration of final relief in the main suit and not at an interlocutory stage.
Appointment Of Surveyor By Insurer Per Se Isn’t Waiver Of Condition Relating To Delay In Intimation
In an important judgment in the realm of insurance laws, the Supreme Court held that the insurer is not estopped from raising a plea of violation of the condition relating to delay in intimation warranting a repudiation of the claim, merely because it appointed a surveyor to assess the loss.
No Appointment Of Arbitrator If There Is Violation Of Conditionality Clause In Arbitration Agreement
While setting aside a Madras High Court judgment appointing an arbitrator ignoring the conditionality clause in an arbitration agreement, the Supreme Court observed that, even after the 2015 amendment insertion of sub-section 6A in Section 11 of the Arbitration and Conciliation Act, the arbitration clause has to be interpreted strictly considering the conditionality clause.
Oral Evidence In Application To Set Aside Arbitral Award Shouldn’t Be Allowed Unless Absolutely Necessary
The Supreme Court held that an application for setting aside an arbitral award will not ordinarily require anything beyond the record that was before the arbitrator.
Insolvency Process Can’t Be Admitted During Pendency Of Proceedings Challenging Arbitral Award
The Supreme Court held that an insolvency process cannot be put into operation when there is a pending proceeding challenging against an arbitral award. A bench of Justice Rohinton Fali Nariman and Justice Indu Malhotra (in K Kishan vs. Vijay Nirman Company Pvt Ltd) observed that filing of Section 34 (Arbitration) petition against an arbitral award shows a pre-existing dispute which culminates at the first stage of the proceedings in an award continues even after the award, at least till the final adjudicatory process under Sections 34 & 37 has taken place.
‘NOTA’ Option In Rajya Sabha Elections Will Undermine Purity Of Democracy & Serve As “Satan Of Defection & Corruption”
The Supreme Court on Tuesday held that NOTA (none of the above) option cannot be allowed in Rajya Sabha elections, opining that while the option may serve as an “elixir” in direct elections, it would “not only undermine the purity of democracy but also serve the Satan of defection and corruption” if allowed in elections to the Council of States.
Tenant Can’t Be Evicted On The Ground Of Defaulting Rent Without Determination Of ‘Provisional Rent’ By Court
In the context of rent control laws in Rajasthan, the Supreme Court held that, in a petition seeking eviction on the ground of defaulting rent, the provisional determination of the rent by the court is mandatory and without such determination of rent, no decree of eviction on the ground of default can be passed.
Husband’s Kin Shouldn’t Be Roped In On The Basis Of Omnibus Allegations In Matrimonial Dispute Cases
While quashing case against distant relatives of a ‘husband’ accused of kidnapping the child, the Supreme Court cautioned the courts while proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths.
Retirement Age Of CESTAT Members Is 62 Years: SC Clarifies
The Supreme Court on Tuesday clarified that members of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) can continue to hold office until the age of 62 years. The order was issued by a Bench comprising Chief Justice of India Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud while disposing of an Intervention and Clarification Application filed by Rajesh Kumar Singh (Additional District and Sessions Judge, West Bengal). Mr. Singh was recently appointed as Member (Judicial) in CESTAT, New Delhi.
Right To Retire Can’t Be Superior To Right To Life, SC Upholds UP Govt Decision Denying Voluntary Retirement To Doctors
The Supreme Court held that denial of voluntary retirement is permissible under the rules applicable in the State of Uttar Pradesh when services are required. The bench of Justice Arun Mishra and Justice S Abdul Nazeer observed that when there is a requirement of the services of an employee, the appointing authority may exercise its right not to accept the prayer for voluntary retirement.
Every Acquittal In Criminal Case Has To Be Taken With Some Seriousness By Investigating And Prosecuting Authorities
Every acquittal in a criminal case has to be taken with some seriousness by the investigating and prosecuting authorities, observed the Supreme Court bench in a criminal appeal. The bench of Justice NV Ramana and Justice Mohan M Shantanagaudar observed that motive has an important role as this case is based on circumstantial evidence.
No Co-Coparcener Has Right To Challenge Sale Made By Karta To Meet Legal Necessity
Dismissing a suit filed in the year 1964 by a son against his father, the Supreme Court observed that no co-coparcener has a right to challenge the sale made by the Karta of his family, once the factum of the existence of legal necessity stood proved.
Restriction For Remarriage Under Hindu Marriage Act Primarily Applicable For Parties Contesting The Decree Of Divorce
The Supreme Court delivered an important judgment qua the provision in the Hindu Marriage Act which puts a condition on a divorcee in contracting a second marriage. It has been held that the protection that is afforded by Section 15 of the Hindu Marriage Act is primarily to a person who is contesting the decree of divorce.
“Kids Are Not Mere Numbers. They Too Have A Soul, Heart”, SC Shocked Over 2 Lakh Children “Missing” In Child Homes Statistics
A Bench headed by Justice Madan B Lokur of the Supreme Court expressed shock and surprise at the discrepancy in two surveys which showed a difference of two lakh children lodged at child care institutions.
No Appreciation Of Evidence While Considering Discharge Plea: SC Sets Aside Bombay HC Order Discharging Accused In Loharia Murder Case
The Supreme Court on Thursday revived prosecution of Navi Mumbai builder Sumeet Bachewar in builder Sunil Kumar Loharia murder case, observing that the high court order discharging him was ‘premature’.
MCI Can Choose Manner Of Compliance Verification While Reviewing, Need Not Restrict To Deficiencies Pointed Out Earlier
The Supreme Court held that remand by the Government of India to Medical Council of India for a review does not place any restriction of verification to only the deficiencies pointed out earlier and that the MCI is competent to conduct the inspection regarding the compliance of the minimum standards as prescribed by the regulations as well.
Purpose Of Compensation Under MV Act Is To Fully And Adequately Restore The Aggrieved To The Position Prior To The Accident
Enhancing the compensation awarded to a man by the Motor Accident Claims Tribunal by almost three times, the Supreme Court observed that the purpose of compensation under the Motor Vehicles Act is to fully and adequately restore the aggrieved to the position prior to the accident.
Suspension Must Necessarily Be For A Short Duration: SC Upholds Revocation Of 6-Yr Long Suspension Of IPS Officer
Reiterating that suspension must necessarily be for a short duration, the Supreme Court upheld a Madras High Court judgment that had quashed the disciplinary proceedings against an Inspector General of Police in Tamil Nadu and revoked the suspension.
‘Convicted Merely On Conjectures And Surmises’: SC Acquits Rape Accused Who Has Already Served 7 Out Of 10 Years Sentence
The Supreme Court on Tuesday ordered the release of a man accused of rape of his cousin, observing that the trial court and the high court convicted him merely on conjectures and surmises.
WB Panchayat Election: SC Quashes Calcutta HC Order Allowing Online Submission Of Nominations, Candidates In Uncontested Seats Can File Election Petitions Within 30 Days
Supreme Court of India on Friday sets aside the Calcutta High Court order directing the State Election Commission to accept the nominations filed online. The Court has allowed the candidates in the uncontested seats to file Election petitions challenging the election within 30 days.
Kerala Floods- Mullaperiyar Dam’s Water Level Be Reduced By 2-3 Feet Below 142 Mark Till August 31
The Supreme Court on Friday required the Full Reservoir Level (FRL) in the Mullaperiyar dam to be reduced by 2-3 feet below the 142 feet mark, as allowed in its 2014 judgment, and be maintained thus till August 31.
SC Notice To UP Govt On Petition Against Denial Of Sanction To Prosecute Yogi Adityanath In 2007 Hate Speech Case
The Supreme Court on Monday sought to know from the Uttar Pradesh government its response to an appeal against the Allahabad High Court order dismissing a petition seeking probe by an independent agency and refusal of sanction to prosecute Chief Minister Yogi Adityanath in a case of hate speech dating way back to the year 2007.