Arbitration Can't Be 'Optional' When Agreement Provides Arbitration Clause : Supreme Court

The Supreme Court held that there cannot be an 'optional' arbitration, where parties are required to mutually agree to invoke the arbitration clause.Setting aside the MP High Court's decision, the Court said that there is nothing like 'optional arbitration' that could be invoked after both parties mutually agree to invoke the arbitration clause. According to the Court, arbitration is...

Advocate Cannot Do Full-Time Journalism : Bar Council Of India Tells Supreme Court

The Bar Council of India informed the Supreme Court that a practicing advocate cannot work simultaneously as a full-time journalist. This is due to the bar under Rule 49 of the BCI Rules of Conduct, which provides an advocate must not engage in full-time salaried employment while practicing law.A bench of Justice Abhay S Oka and Justice Manmohan was told by Advocate Radhika Gautam appearing...

Land Acquisition Act 1894 | Re-determination Of Compensation Under S. 28A Can Be Sought Based On High Court's Enhacement : Supreme Court

Recently, the Supreme Court ruled that a claim for re-determination of enhanced compensation under Section 28-A of the Land Acquisition Act, 1894, cannot be denied merely because it was based on the High Court's decision to enhance compensation instead of the Reference Court's decision under Section 18 of the Act. The Court clarified that to claim re-determination of compensation under...

NIA Can Investigate Unscheduled Offences Connected With Scheduled Offences : Supreme Court

The Supreme Court held that the National Investigation Agency (NIA) has the power to investigate an offence, which is not included in the schedule of the NIA Act, if it is connected with an offence which is included in the schedule of the NIA Act.The Court clarified this legal position while upholding the order of the Punjab & Haryana High Court which cancelled the bail of a man accused in...

Complete Supreme Court Quarterly Digest 2024- [July To September]

AdvocateAll miscellaneous amounts charged by Bar Councils for enrolment are 'enrolment fees'. Gaurav Kumar v. Union of India, 2024 LiveLaw (SC) 519Bar Councils can't collect any amount exceeding fee specified under Section 24 of advocates act for enrolment. Gaurav Kumar v. Union of India, 2024 LiveLaw (SC) 519Every advocate is expected to come to the Court in proper attire as per the Rules...

Supreme Court Explains 'Henderson Doctrine' : Re-Litigation of Issues That Could Have Been Raised Earlier Is Barred

In a recent case, the Supreme Court explained Henderson doctrine, a natural corollary of the Indian doctrine of constructive Res-judicata codified in Explanation IV of Section 11 of the Code of Civil Procedure (CPC).Propounded in the English case of Henderson versus Henderson, 1843, the doctrine suggests that all the issues arising in the litigation out of the same subject matter must...

S.197 CrPC | When Can Public Servant's Offence Be Linked To Official Duties? Supreme Court Explains Principles

The Court explained 12 principles on the application of Section 197 CrPC.

SARFAESI | Confirmed Sale Can't Be Set Aside For Mere Irregularities Except Fraud, Collusion, Inadequate Pricing, Under-bidding Etc

The Supreme Court recently explained the circumstances under which a sale of property by auction or other means under the SARFAESI Act can be set-aside after its confirmation.The Court held that mere procedural irregularities or deviation from rules are not grounds to set aside a confirmed sale unless such errors are fundamental in nature, such as fraud, collusion, inadequate pricing...

Supreme Court Refuses To Give Scheduled Caste Benefit To 'Tanti' Caste Person In Bihar

The Supreme Court recently refused to extend the benefit of Scheduled Caste reservation to a Central Government employee who belonged to the 'Tanti' caste, which is notified as Other Backward Classes (OBC) category in Bihar.The employee was appointed as a Postal Assistant in the postal department in the year 1997 in the OBC category. In 2015, the Bihar Government removed 'Tanti' caste from...

Contempt Power Is Not Only For Violation Of Express Orders; Applies To Any Act Intended To Frustrate Judicial Process : Supreme Court

In a significant judgment, the Supreme Court observed that contempt jurisdiction is not confined only to violation of express judicial directions but also extends to acts which are intended to frustrate court proceedings or bypass the eventual judgment."The Contempt jurisdiction of the court extends beyond the mere direct disobedience of explicit orders or prohibitory directions issued by...

S.197 CrPC| Sanction Not Needed To Prosecute Police Officers Accused Of Lodging False Cases Or Fabricating Evidence : Supreme Court

The Supreme Court held that a police official who is accused of lodging a false case cannot claim that he cannot be prosecuted without the sanction under Section 197 of the Code of Criminal Procedure. The protection of Section 197 CrPC is available only for acts discharged in the course of official duties.Since fabrication of evidence and filing bogus cases are not part of the official duties...

Though S.52 TP Act Doesn't Make Pendente Lite Transfer Void, Court Can Invalidate Such Sale Exercising Contempt Power : Supreme Court

The Supreme Court has held that the Courts can set aside a sale transaction, which was carried out in violation of its directions, as void in the exercise of its contempt jurisdiction.The Court held that although a sale transaction carried out during the pendency of court proceedings (pendente lite) would not become void due to the operation of the doctrine of lis pendens under Section 52 of...