Supreme court
Right To Seek Arbitration Not Lost Just Because Arbitration Clause Became Inoperable Due To Statutory Amendment: Supreme Court
The Supreme Court held that the invalidity or inoperability of an arbitration clause, such as one naming an ineligible arbitrator under Section 12(5) of the Arbitration and Conciliation Act, 1996, does not nullify the underlying arbitration agreement between the parties. The Court clarified that in such cases, the Court is empowered to step in and appoint a neutral arbitrator under Section...
Minor Can Repudiate Guardian's Voidable Sale Through Conduct After Attaining Majority, Not Necessary To File Suit : Supreme Court
The Supreme Court ruled that a minor, upon attaining majority, can repudiate a voidable sale made by their guardian not only by filing a suit but also through unequivocal conduct, such as selling the property to a third party. “it can safely be concluded that a voidable transaction executed by the guardian of the minor can be repudiated and ignored by the minor within time on...
S. 27 Evidence Act | Only Disclosure Leading To Recovery Of Weapon Admissible; Statement About Its Use Not Admissible : Supreme Court
The Supreme Court on Tuesday (October 7) acquitted three individuals for the offence of murder (Section 302 IPC) after noting that the prosecution had relied on their disclosure statements under Section 27 of the Evidence Act (“Act”), where they confessed that the weapon recovered was the weapon of crime. A bench of Justice Pankaj Mithal and Justice Prasanna B. Varale held that only...
S.149 IPC | Supreme Court Explains Tests To Determine If Bystander Was Member Of Unlawful Assembly With Common Object
The Supreme Court on Tuesday (October 7) observed that mere presence at the crime scene would not ipso facto render a person a member of the unlawful assembly to book him under Section 149 IPC. The Court clarified that the liability would shift to the bystander only when he shared the common object with the unlawful assembly. A bench of Justice JB Pardiwala and Justice R Mahadevan acquitted...
Supreme Court Flags Lack Of Pedestrian Crossing Near Delhi High Court; Orders Nationwide Survey To Identify Road Crossing Needs
The Supreme Court on Monday (October 7) expressed concern over the absence of a pedestrian crossing near the Delhi High Court and the National Zoological Garden on Mathura Road, Delhi, terming it a serious safety lapse that endangers thousands of people who cross the busy stretch every day without traffic signals, foot overbridges, or other safety measures.A Bench of Justice J.B. Pardiwala...
Supreme Court Issues Directions To Enforce Helmet Use, Curb Wrong-Lane Driving & Use Of Dazzling Headlights
The Supreme Court on Monday (October 7) issued a slew of significant directions aimed at strengthening road safety measures across the country. In a writ petition filed in 2012 by Dr. S. Rajaseekaran, a leading orthopaedic surgeon, the Court directed strict enforcement of helmet use, and measures to curb wrong-lane driving, unsafe overtaking, use of dazzling LED lights, and the unauthorised...
Supreme Court Upholds Tax On Ink & Chemicals Used To Print Lottery Ticket; Says Their 'Deemed Sale' Occurs With Lottery Sale
The Supreme Court on Tuesday (October 7) held that the ink and chemicals used in printing the lottery tickets is a taxable item under the Uttar Pradesh Trade Tax Act, 1948 (“Act”). A bench of Justices JB Pardiwala and KV Viswanathan dismissed the appeal filed by an assessee, who is engaged in the business of printing lottery tickets and had been taxed on the value of ink and chemicals...
Order XLI Rule 5 CPC | Deposit Not Mandatory For Stay Of Money Decree, Unconditional Stay Can Be Granted In Exceptional Cases : Supreme Court
The Supreme Court on Tuesday (October 7) resolved the long-standing debate on whether deposit or security is an absolute precondition for staying a money decree. It clarified that it is not mandatory for the Appellate Court to impose a condition for deposit of the amount in dispute for grant of stay of execution under Order XLI Rule 5 of the Code of Civil Procedure, 1908...
Nagpur's Futala Lake Not Wetland : Supreme Court Allows Constructions Near It
The Supreme Court on Tuesday (October 7) upheld the Bombay High Court's decision declining to classify Nagpur's Futala Lake as a 'wetland' under the Wetlands (Conservation and Management) Rules, 2017, thereby permitting the State authorities to proceed with temporary constructions such as a floating restaurant, banquet hall, musical fountain, and viewing gallery around the lake."In view of...