Supreme court
Venue Of Arbitration Will Be "Seat Of Arbitration" When Contrary Intention Of Parties Absent : SC Holds Earlier View Wrong [Read Judgment]
Taking a different view from an earlier judgment, the Supreme Court has held that venue of arbitration will be the juridical seat of arbitration in the absence of contrary intention of the parties.A three-judge bench comprising Justices R F Nariman, Aniruddha Bose and V Ramasubramanian held so on December 10, 2019, overruling the view expressed in a 2018 decision in the case Union of India...
Tata Sons: Registrar Of Companies Moves NCLAT Seeking Removal Of Adverse Observations From Judgment
The National Company Law Appellate Tribunal on Friday reserved its order on a plea moved by Registrar of Companies seeking removal of certain adverse observations in the December 18 judgment which ordered the reinstatement of Cyrus Mistry as Executive Chairman of Tata Sons Ltd.A Division Bench headed by Justice Mukhopadhyay said that a line will be added in the order to clarify that...
Tatas v Cyrus Mistry : 15 Grounds Of Challenge Against NCLAT Order
Tata Sons has appealed to the Supreme Court against the December 18 order of the National Company Law Appellate Tribunal which reinstated Cyrus Mistry as the Executive Chairman of the company.In the appeal, Tata Sons says that the judgment sets a 'dangerous legal precedent' and is a 'blow to corporate democracy'.It is contended in appeal that judgment has virtually re-written the Articles...
Parliament Roundup : Key Legislations Of 2019
Here is a recap of key legislative exercises of Parliament in 2019. 16th Lok Sabha Session The first phase was comprised by latter days of winter session of the 16th Lok Sabha, which concluded on January 9. The second phase was the budget session, held between January 31 and February 13. During this duration, two important legislations were passed, being: 1. Constitution...
Right To Internet, Quashing Of Illegal Phone Tapping & More : Best Of 2019 HC Judgments
In 2019, there were some notable High Court judgments. Among them were judgments which upheld new facets of civil liberties such as right to internet, right to marriage of a transgender person, right to personhood of asylum seeker etc.There were also judgments which reflected the judicial system's willingness to self-correct, such as the Calcutta HC's order imposing costs on itself for a...
TATA Sons Moves SC Against NCLAT Order Reinstating Cyrus Mistry As Chairman
Tata Sons Ltd has moved the Supreme Court against the December 18 judgment of the National Company Law Appellate Tribunal which restored Cyrus Mistry as the Executive Chairman of the company.The petition has also sought an immediate stay of the NCLAT order before the board meeting which is scheduled to take place on January 9. Tata Sons is likely to mention the matter before the CJI on January...
'Adoption Of Inquisitorial System, Curbs On Right To Appeal' : Centre Moots Changes In Criminal Laws
The Union Home Ministry is reportedly mooting amendments in the criminal laws.As per a report of Economic Times, the Ministry is examining suggestions to amend the Indian Penal Code, Indian Evidence Act and Code of Criminal Procedure in consultation with the Bureau of Police Research and Development.One of the suggestions is to dilute the right to appeal in heinous crimes against women. This...
Karnataka High Court : 2019 Highlights
1: CAA Protest: Karnataka HC Says It Will Examine The Legality Of Imposition Of Section 144. Karnataka High Court on Friday said that it will go into the legality of order passed under section 144, by the Police Commmssioner, on December 18, thereby banning all public rallies, which were to be held on December 19, against the Citizenship Amendment Act, in Bengaluru. WP...
Madras HC : 2019 Highlights
Even a deity encroaching public property has to be dealt with, in accordance with law. Single Bench of the Madras High Court, Justice SM Subramaniam, observed that a large number of temples on the public roads, government poramboke areas, water bodies and water resources are being constructed by land mafias and greedy men for their personal gains and for unlawful enrichment,...
'I Regret NJAC Decision After Seeing Things Now' : Former SC Judge Justice Kurian Joseph
Former judge of Supreme Court Justice Kurian Joseph said that he regretted his decision in the NJAC case, after seeing things now."I now regret being part of the NJAC judgment, after seeing things now", he said.Justice Joseph was part of the Constitution Bench, which by 4:1 majority struck down the 99th Constitution Amendment that had created the National Judicial Appointments Commission...
Supreme Court Monthly Digest- December 2019
Consumer Forums/Commissions Cannot Consider Complaint/Appeal On Merits After Finding That It Is Time Barred M/S. Singal Udyog V. National Insurance Company Ltd. & Ors. The Supreme Court observed that a Consumer Forum/Commission after having come to the conclusion that the complaint/appeal was barred by limitation, could not consider the merits of the matter. The bench...

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