Supreme Court Judgements On Arbitration In 2023

Starting Point Of Limitation U/ Section 34(3) Arbitration Act In Cases Of Suo Motu Correction Of Award: Supreme Court ExplainsThe Supreme Court observed that the starting point for the limitation under Section 34(3) Arbitration and Conciliation Act, in case of suo moto correction of the award, would be the date on which the correction was made and the corrected award is received by the...

100 Important Judgments Of Supreme Court 2023 -Part 3[51-75]

As is the annual tradition, LiveLaw brings to you the list of 100 important Supreme Court judgments of the current year - a much awaited article by our dear readers.The judgments are selected based on the following criteria - (i) importance to the general public; (ii) settlement of a contested position of law; (iii) utility for practising lawyers, judges and students.A disclaimer is added...

Supreme Court Constitution Bench Judgments & Hearings Of 2023

The year 2023 has witnessed several important judgments delivered by Constitution Benches. Be it the constitutional validity of Article 370, the marriage equality petitions, the challenge to the 2016 demonetisation scheme of the Centre or the political crises in Maharashtra and Delhi, these cases, touched upon different significant issues. There were 18 judgments delivered by the...

Section 498A IPC- Important Supreme Court & High Court Judgments of 2023

Supreme Court Judgments- 498A Indian Penal Code, 1860 Conviction U/S 498A IPC Not Sustainable When Marriage Is Found To Be Null & Void Case Title: P Sivakumar vs State | 2023 LiveLaw (SC) 116 Coram: Justices B R Gavai and Vikram Nath The Supreme Court reiterated that the conviction under Section 498-A IPC would not be sustainable when the marriage was found to be null...

Non-Obstante Clause In S. 109A(3) Of Companies Act 1956 Doesn't Exclude Legal Heir From Claiming Securities Against Nominee: Supreme Court

The Supreme Court has held that the non-obstante clause in both Section 109A(3) of the Companies Act, 1956 & Bye-law 9.11.7 of the Depositories Act, 1996, does not exclude the legal heirs from their rightful claim over the securities, against the nominee.The sole purpose of the non-obstante clause is to allow the company to vest shares upon the nominee to the exclusion of any other...

Nomination Process Under Companies Act Does Not Override Succession Laws: Supreme Court

The Supreme Court has held that the nomination process under the Companies Act, 1956 (pari materia Companies Act, 2013) does not override succession laws. It is beyond the scope of the company's affairs to facilitate succession planning of the shareholder. In case of a Will, it is upon the administrator or executor under the Indian Succession Act, 1925, or in case of intestate succession,...

Supreme Court Judgments On Bail In 2023

Accused Not Entitled To Default Bail When First Extension(Passed In Absence Of Accused) Wasn't Challenged & Second Extension Was Passed In His Presence: SCThe Supreme Court held that an accused cannot claim the benefit of default bail when he did not challenge the first extension of time granted for investigation and the second extension was granted in his presence, and when the...

100 Important Supreme Court Judgments Of 2023 -Part 2[26-50]

As is the annual tradition, LiveLaw brings to you the list of 100 important Supreme Court judgments of the current year - a much awaited article by our dear readers.The judgments are selected based on the following criteria - (i) importance to the general public; (ii) settlement of a contested position of law; (iii) utility for practising lawyers, judges and students.A disclaimer is added...

Slum Rehabilitation Authority Has To Act In Terms Of Its Own Policies Without Allowing Private Arrangements To Prevail: Supreme Court

The Supreme Court recently (on December 15) held that private agreements cannot be enforced in Slum Rehabilitation Schemes as against the statutory mandate of the Slum Rehabilitation Authority (SRA).To strengthen this, the Court also observed that under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, SRA is the final authority for implementing the...

Testimony Of Sole Eyewitness Who Is The Complainant Needs Examination With Great Caution : Supreme Court

Recently, the Supreme Court (on December 14), observed that in a case where the appellant/complainant was an interested sole eyewitness being the father of the deceased and had long enmity with the accused persons, his testimony has to be examined with great caution. The Bench of Justices Abhay S. Oka and Pankaj Mithal made these observations while affirming the impugned order of the High...

Cancellation Of Deed Is Action In Personam, Not In Rem; It Is Arbitrable : Supreme Court

Recently, the Supreme Court (December 15) allowed arbitration between the parties in a property dispute based on the broad language of the arbitration clause in the Tripartite Agreements. The Court rejected the argument that since the suit was for cancellation of a deed, the dispute was not arbitrable, as the action was in rem. The Court held that cancellation of a deed was an action in...

Supreme Court Issues Directions To Delhi Government For Construction Of Delhi Judiciary Infrastructure, Judges' Residences

The Supreme Court recently directed the Delhi Government to float tenders for the construction of judicial infrastructure in Delhi. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra also directed for the Chief Secretary of GNCTD to intimate the steps taken for residential accommodation for judicial officers, the process for the recruitment of staff at...