Supreme court
International Commercial Arbitration | How To Determine Law Governing Arbitration Agreement? Supreme Court Discusses Tests
In a significant judgment relating to International Commercial Arbitration, the Supreme Court today (March 18) ruled that in the absence of an express law governing the arbitration agreement, the applicable law should be determined based on the parties' intentions, with a strong presumption in favor of the law governing the main contract (lex contractus). The bench comprising Chief...
Cheque Dishonour By Itself Doesn't Create S.138 NI Act Offence; It Arises On Failure To Pay After 15 Days Of Demand Notice Receipt : Supreme Court
The Supreme Court has explained that the cause of action for the offence under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) arises not on the dishonour of the cheque but when the amount remains unpaid after the expiry of fifteen days following the receipt of the demand notice.The bench comprising Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah was deciding the plea of...
Rajendra Agricultural University Statutes | Default Retiral Benefit Scheme Is Pension & Gratuity Unless Employee Specifically Opts For Contributory Provident Fund: Supreme Court
The Supreme Court ruled in favor of a retired University professor. A Bench of Justices Pamidighantam Sri Narasimha and Manoj Misra held that under the Rajendra Agricultural University Statutes, 1976, the default retiral benefit scheme is General Provident Fund-cum-pension-cum-gratuity, unless an employee specifically opts for the Contributory Provident Fund scheme. The Court set aside...
'Lalita Kumari' Judgment Doesn't Create Absolute Rule That Preliminary Enquiry Is Necessary In Every Case Before FIR : Supreme Court
The Supreme Court observed in a recent judgment that the landmark decision in Lalita Kumari v. Government of Uttar Pradesh & Ors(2014) "does not create an absolute rule that a preliminary inquiry must be conducted in every case before the registration of an FIR."The Court added that the Lalita Kumari decision reaffirmed "the settled principle that the police authorities are obligated...
No S.138 NI Act Case Against Ex-Director Of Company When Cause Of Action Arose After IBC Moratorium Was Declared: Supreme Court
The Supreme Court held that if the cause of action for the offence of cheque dishonour under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) has arisen after the declaration of moratorium with respect to the company as per the Insolvency & Bankruptcy Code, 2016 (IBC), then the proceedings under S.138 NI Act cannot be continued against the ex-director of the company. The...
Supreme Court Sets Aside NGT Bar On Auroville Township Project, Says Development Equally Important As Environment Protection
The Supreme Court on Monday (March 17) set aside the order of the National Green Tribunal which barred the Auroville Foundation from developmental activities in their township in Puducherry.A bench comprising Justice Bela M Trivedi and Justice Prasanna B Varale allowed the appeal filed by Auroville Foundation against the order passed by the NGT Southern Zone Bench in April 2022, which barred...
Supreme Court Rejects Bail Plea Of Former Gujarat IAS Officer Pradeep Sharma In 2023 Illegal Land Allotment Case
The Supreme Court today(Monday) rejected bail to retired IAS officer Pradeep Nirankarnath Sharma in connection to a 2023 illegal land allotment case lodged at Bhuj in Kutch.Sharma is accused of corruption and criminal breach of trust for alleged illegal allotment of government land for monetary benefits as the then-collector of Kutch district. The FIR against him was lodged in 2023 under...
Supreme Court Annual Digest 2024: Subject-Wise Index
Subject-wise Index - AdministrationIn public law proceedings, when it is realised that the prayer in the writ petition is unattainable due to passage of time, constitutional courts may not dismiss the writ proceedings on the ground of their perceived futility. In the life of litigation, passage of time can stand both as an ally and adversary. Our duty is to transcend the constraints of time...
Prevention Of Corruption Act | 'Demand & Acceptance Of Bribe Not Proved In Trap Case' : Supreme Court Acquits Govt Employees
The Supreme Court recently acquitted two government employees accused of demanding and accepting bribe after noting that the prosecution failed to prove the factum of demand and acceptance of bribe. The Court reiterated that a presumption under Section 20 of the Prevention of Corruption Act, 1988 (“PC Act”) would not arise against the accused unless the factum of demand and acceptance...
Motor Accident Claims | 'Legal Representative' Is One Who Suffers Loss; Need Not Be Spouse, Child Or Parent Of Deceased : Supreme Court
The Supreme Court recently ruled that the term 'legal representative' under the Motor Vehicle Act should not be given a narrow interpretation to exclude those persons as claimants who were dependent on the deceased's incomeThe Court said that if the claimants were dependent on the deceased's income, then they shall be granted compensation. A "legal representative" is one, who suffers on...