Arbitration Agreement Enforceable Against Legal Representatives Of Deceased Party : Supreme Court

The Supreme Court has reiterated that an arbitration agreement is enforceable against the legal representatives of a deceased partner of a partnership firm."An arbitration agreement does not cease to exist on the death of any party and the arbitration agreement can be enforced by or against the legal representatives of the deceased," the Court stated, referring to the judgment in Ravi...

'Judicial Verdicts Not Like Sand Dunes' : Supreme Court Deplores Practice Of Making Oral Mentions To Modify Orders/Judgments

deplore such practices of making oral mentions for modification of the orders/judgments in the guise of a review

Supreme Court Annual Digest 2024 [Arbitration And Conciliation Act]

Section 33 - Although the Arbitral Tribunal becomes functus officio after passing an award, it would still retain the limited jurisdiction to clarify or correct errors in an award. North Delhi Municipal Corporation v. S.A. Builders Ltd., 2024 LiveLaw (SC) 1010Section 11 (6) - Arbitration clause - Interpretation - Pro-arbitration approach - Mutual Consent - Validity and interpretation...

If Two SC Decisions Are Inconsistent, HCs Can't Follow One Overlooking The Other; Must Try To Reconcile Them Both : Supreme Court

If there are two judgments of the Supreme Court which are inconsistent with each other, which judgment should a High Court follow? A recent Supreme Court judge suggested a way out."If two decisions of this Court appear inconsistent with each other, the High Courts are not to follow one and overlook the other, but should try to reconcile and respect them both....and follow that decision...

Advocate Not Expected To Verify Genuineness Of Power Of Attorney Given By Litigant : Supreme Court

The Supreme Court has observed that an advocate cannot be held criminally liable for merely failing to verify the genuineness of a power of attorney which was handed over by a litigant to file a case.In the ordinary course, an advocate is not expected to verify the genuineness of the power of attorney, the Court observed. Discharging an advocate from a criminal case for offences relating...

Motor Accident Claims | Contributory Negligence Can't Be Presumed Without Direct Or Corroborative Evidence : Supreme Court

The Supreme Court has reiterated that contributory negligence cannot be presumed in motor vehicle accidents without direct or corroborative evidence. The Court applied the ratio laid down in Jiju Kuruvila v. Kunjujamma Mohan (2013) 9 SCC 166, where it was held that in the absence of any direct or corroborative evidence on record, it cannot be assumed that the accident occurred due to the rash...

Courts Cannot Grant Compensation To Accused For Wrongful Confinement In Bail Applications Under S.439 CrPC : Supreme Court

The Supreme Court held that a Court does not have the power to grant compensation to an accused for wrongful confinement while exercising bail jurisdiction under Section 439 of the Code of Criminal Procedure."It is a settled principle of law that the jurisdiction conferred upon a Court under Section 439 CrPC is limited to grant or refusal of bail pending trial," the Court observed.Holding so,...

Borrower Not 'Consumer' If Loan Was For Profit Generation, Consumer Complaint Not Maintainable Against Bank : Supreme Court

Pure business-to-business transaction cannot be consumer dispute.

Supreme Court Refuses To Quash 2011 Gujarat Police FIR Against Ex-IAS Officer Pradeep Sharma, Grants Anticipatory Bail

The Supreme Court today, while refusing to quash the FIR against former Gujarat IAS Officer Pradeep Sharma for allegedly misusing official position to pass unduly favourable orders in a land dispute, granted him anticipatory bail. The bench of Justice Vikram Nath and Justice PB Varale was hearing the challenge to the orders of the Gujarat High Court dated 12.12.2018 and 28.2.2019 where...

Supreme Court Weekly Round-up: February 17, 2025 To February 23, 2025

Nominal IndexCitationsPublic Information Officer and Registrar & Anr v. Onkar Dattatray Kalmankar & Anr.| Special Leave To Appeal (C) No. 2783/2025 2025 Livelaw (SC) 210Tapas Kumar Palit v. State of Chhattisgarh 2025 Livelaw (SC) 211Maharashtra State Road Transport Corporation v. Mahadeo Krishna Naik 2025 Livelaw (SC) 212Sovaran Singh Prajapati v. State of Uttar Pradesh, Criminal...

Mere Use Of Word 'Irrevocable' Doesn't Make Power Of Attorney Irrevocable; PoA's Nature Determined By Its Subject Matter : Supreme Court

The Supreme Court today (February 27) observed that the nature of a power of attorney is determined by its subject matter and not its title. Whether a power of attorney is labeled as general or special, its nomenclature does not determine its nature.“The import of the word “general” in a POA refers to the power granted concerning the subject matter. The test to determine the nature of...

Article 226| Mere Existence Of Disputed Questions Of Fact Won't Affect Writ Court's Jurisdiction To Grant Relief: Supreme Court

If the State is disputing facts only to create a ground to reject the writ petition, the High Court must reject such contention.