Supreme Court Quarterly Digest on ARBITRATION [July - September 2022]

Also Read : Supreme Court Half Yearly Digest On Arbitration Arbitration and Conciliation Act 1996 - Can a person who is ineligible to be an arbitrator nominate another arbitrator? Supreme Court refers issue to larger bench. JSW Steel Limited v. South Western Railway, 2022 LiveLaw (SC) 693 Arbitration and Conciliation Act, 1996 - Arbitrator's fee cap is Rs 30 lakhs, ceiling...

A Liberal Chief Justice During A Majoritarian Rule : Challenges Before Justice DY Chandrachud As CJI

Justice Chandrachud will be heading the Indian judiciary at a time when the country is facing several challenges.

Supreme Court Dismisses Amnesty International's Challenge Against ED Freezing Bank Accounts As Provisional Attachment Order Was Passed In Meantime

The Supreme Court last week refused to entertain Amnesty International India's petition challenging the Enforcement Directorate's attachment of its bank accounts, in view of the fact that the PMLA Adjudicating Authority passed a provisional attachment order on October 7, 2022.Reserving the right of Amnesty to challenge the provisional attachment order, the Court dismissed the Special...

Supreme Court Directs States/UTs & High Courts That Are Yet To File Details Of Fund Disbursed For Judiciary To Do So Within 4 Weeks

The Supreme Court, recently (18.10.2022), directed 26 States Governments and Union Territories, and 6 High Courts, that are yet to submit affidavits relating to budget allocation and utilisation of funds for judicial infrastructure in the prescribed format to do so within a period of 4 weeks. On 26.07.2022, the Apex Court had directed the Law Secretaries of all State Governments...

Supreme Court Emphasizes Importance Of Conducting Psychological Evaluation Of Convicts Awarded Death Sentences

In a recent order, the Supreme Court of India has reiterated the importance of conducting a psychological evaluation of convicts who have been awarded death sentences. "However, we are of the view that the assessment as regards conduct of the accused, if made before the final submissions are advanced, will go a long way in rendering assistance……In series of death sentence cases,...

Any Person Saying "Murdabad" Must Be Behind Bars? Sr Adv Mihir Desai Criticises Umar Khalid, Jyoti Jagtap Orders

People's Union for Civil Liberties (PUCL) hosted an online event to discuss three recent judgements pertaining to civil liberties. The judgements included Bombay High Court's denial of bail to Jyoti Jagtap (Jyoti Jagtap v. National Investigating Agency and Anr.), Supreme Court's stay on the acquittal of Dr G.N. Saibaba (State of Maharashtra v. Mahesh Kariman Tirki And Ors.) and Delhi High...

Supreme Court Quarterly Digest on Constitution of India [July - September, 2022]

Constitution of India, 1950 - Governor's Powers -Schedule 5 cannot be read as conferring upon the Governor absolute power and/or unfettered power, notwithstanding the provisions contained in Part III of the Constitution. Satyajit Kumar v. State of Jharkhand, 2022 LiveLaw (SC) 651 Constitution of India, 1950 - Supreme Court upholds Haryana Sikh Gurudwara (Management) Act, 2014 - Holds...

Decided To Abolish Revenue Police System, Uttarakhand Govt Tells Supreme Court

The Supreme Court closed a special leave petition filed by the State of Uttarakhand challenging the Uttarakhand High Court direction to abolish 'Revenue Police System'.This is after the Court noticed that the State Cabinet decided to accept the decision of the High Court and to take appropriate steps to implement said directions.In hilly parts of the State, the civil officials of the...

Woman Cites Abortion Rights Judgment To Challenge Age-Restriction In PCPNDT Act; Supreme Court Issues Notice

The Supreme Court will examine the validity of the age restriction of 35 years for conducting pre-conception and pre-natal diagnostic tests.The court issued notice in a petition filed in 2019 by a lawyer Meera Kaura Patelwho contended that the age restriction of 35 years in Section 4(3)(i) of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 is...

Punjab Village Common Lands (Regulation) Act- Any Dispute With Respect To Mutation Entry Can Only Be Before Revenue Authorities : Supreme Court

The Supreme Court observed that any dispute with respect to mutation entry can only be before the revenue authorities only.This observation is in the context of Section 13 of the Punjab Village Common Lands (Regulation) Act, 1961.In this case, the plaintiff challenged a mutation entry of 1955 by filing a suit before a civil court. The High Court allowed the second appeal holding that the...

Conspiracy Allegation Used To Fill Gaps, Speeches Given A Criminal Colour : Gautam Bhatia On Umar Khalid, Jyoti Jagtap Bail Orders

People's Union for Civil Liberties (PUCL) hosted an online event to discuss three recent judgements pertaining to civil liberties. The judgements included Bombay High Court's denial of bail to Jyoti Jagtap (Jyoti Jagtap v. National Investigating Agency and Anr.), Supreme Court's stay on the acquittal of Dr G.N. Saibaba (State of Maharashtra v. Mahesh Kariman Tirki And Ors.) and Delhi High...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [October 17 – 23, 2022]

Advocates Act, 1961; Section 32 - The enabling provision of Section 32, whereby any Court, authority or person may permit any non-advocate to appear before it or him in any particular case is difficult to be read as creating a corresponding bar in giving permission to a GPA holder of a party to represent that party as such, if the said GPA holder, during pendency of the proceedings in...