Supreme court
Supreme Court Recalls Judgment Which Held 2018 Amendment To Specific Relief Act Prospective
The Supreme Court on Friday (November 8) recalled its 2022 judgment which held that the 2018 amendment to the Specific Relief Act, 1963, will apply only prospectively to transactions effected after the date when the amendment came into force (01.10.2018).The Court recalled the judgment in the exercise of its review jurisdiction. The judgment was reviewed on factual points.The reveiw...
Criteria To Determine Minority Status Of Educational Institution Under Article 30 : Supreme Court Explains In AMU Case
In the Aligarh Muslim University case, Chief Justice of India DY Chandrachud, in the majority judgment, outlined key criteria for determining an educational institution's entitlement to minority rights protection under Article 30(1) of the Indian Constitution.The key points from the judgment are as follows :'Establish' and 'administer' must be read conjunctivelyBased on precedents, the...
Unilateral Arbitrator Appointment Clauses In Public-Private Contracts Invalid; Can't Compel Selection Of Arbitrators From PSU's Panels : Supreme Court
The Supreme Court on Friday (November 8) ruled against clauses allowing Public Sector Undertakings to unilaterally appoint arbitrators to decide disputes with private contractors. The Constitution Bench held that while PSUs can maintain a panel of potential arbitrators, they cannot compel the other party to select its arbitrator from the panel.The Constitution Bench comprising Chief Justice...
Minority Status Not Lost Because Institution Was Created By Statute: Supreme Court Overrules 1967 Judgment Against Aligarh Muslim University
In the case relating to the minority status of Aligarh Muslim University (AMU), a 7-judge bench of the Supreme Court (by 4:3 majority), overruled the 1967 judgment in S. Azeez Basha vs. Union Of India to the extent it held that an institution incorporated by a statute cannot claim to be a minority institution.The issue whether Aligarh Muslim University is a minority institution as per Article...
Arbitral Tribunal May Impose Costs On Party Abusing Referral Court's Limited Jurisdiction To Compel Another's Participation In Arbitration : Supreme Court
The Supreme Court held that in the interest of justice, the Arbitral Tribunal may impose costs on the Party who abused the process of law constraining another party to participate in the Arbitral Proceedings by taking advantage of minimal judicial interference at the referral stage. “In order to balance such a limited scope of judicial interference with the interests of the parties who...
Sexual Assault Under POCSO Can't Be Quashed Based On 'Compromise', Offence Is Heinous & Not Of Private Nature : Supreme Court
The Supreme Court today set aside the Rajasthan High Court's decision which quashed the 'sexual assault' complaint against a teacher (accused of rubbing the victim's breast). The High Court had quashed the matter based on a 'compromise' between the victim's father and teacher."We are at a loss to understand how the High Court arrived at the conclusion that in the case on hand a dispute to...
No Right To Be Appointed Merely Because Of Placement In Select List; But State Must Justify Non-Filling Of Vacancies: Supreme Court
The Supreme Court has held that a candidate placed in the select list gets no indefeasible right to be appointed even if vacancies are available. However, the State has to justify its decision not to fill up the vacancy, the Court added."A candidate placed in the select list gets no indefeasible right to be appointed even if vacancies are available...But there is a caveat. The State or...
DRI Officers Can Issue Show-Cause Notices Under Customs Act : Supreme Court Allows Review Against 'Canon India' Judgment
The Supreme Court today (November 7) held that the officers of the Directorate of Revenue Intelligence(DRI) have the power to exercise powers under the Customs Act, 1962 to issue show-cause notices and recover dutiesThe Court held that DRI officers are "proper officers" to issue show cause notices under Section 28 of the Customs Act, 1962."Subject to the observations made in the judgment,...
Supreme Court Orders Liquidation Of Jet Airways On Failure Of Resolution Plan
The Supreme Court invoked its extraordinary powers under Article 142 of the Constitution to order the liquidation of Jet Airways in view of the "peculiar and alarming" circumstance that the resolution plan has not been implemented for five years.The Court set aside the NCLAT Order which allowed the cash-strapped Jet Airways' ownership transfer to the Successful Resolution Applicant (SRA)...
Eligibility Criteria Can't Be Changed After Commencement Of Recruitment Process Unless Rules Permit So : Supreme Court
The Supreme Court Constitution Bench today (November 7) held that the "rules of the game" cannot be changed midway after the selection process for posts has begun unless the relevant rules expressly permit so.The bench of Chief Justice of India Dr DY Chandrachud, Justice Hrishikesh Roy, Justice PS Narasimha, Justice Pankaj Mithal, and Justice Manoj Misra had reserved its judgment on July...
Wealth Inequality Still Enormous; Views Of Krishna Iyer & Chinnappa Reddy Haven't Lost Relevance : Justice Sudhanshu Dhulia In Dissent
"It is only when we include privately owned resources, as a part of the “material resources of the community” that the purpose of Articles 38 and 39 is fully realised. It is only then that the socialist and democratic principles incorporated in our Constitution get their true meaning."