Supreme Court Monthly Digest March 2025

(Citations 2025 LiveLaw (SC) 274 to 2025 LiveLaw (SC) 372)AdministrationCompliance with Court Orders - Delay and Obstination - Harassment of Daily Wage Workers - The Supreme Court dismissed a Special Leave Petition filed by the Union Territory, observing that the case presented a "glaring and textbook example of obstination" by state officials who took 16 years to comply with a High Court order. The Court expressed shock at the delay and the repeated harassment of poor daily wage workers through cryptic orders that disregarded the spirit of the 2007 High Court order. While the Court considered imposing exemplary costs and recommending disciplinary action against the delinquent officers, it refrained from doing so as contempt proceedings were pending before the Single Judge. The Court directed the Single Judge to expedite the contempt proceedings on a weekly basis to uphold the majesty and sanctity of law. (Para 2 – 4) Union Territory of Jammu and Kashmir v. Abdul Rehman Khanday, 2025 LiveLaw (SC) 303 Judicial Review - Administrative Decisions - Courts should be cautious in interfering with the administrative decisions of the Governing Board, particularly when such decisions are in furtherance of implementing a statutorily approved Master Plan. (Para 16) Auroville Foundation v. Natasha Storey, 2025 LiveLaw (SC) 313AdvocateAdvocates Act, 1961 - A right of an Advocate to appear for a party and to practice in the courts is coupled with the duty to remain present in the court at the time of hearing, and to participate and conduct the proceedings diligently, sincerely, honestly and to the best of his ability. Rights and duties are two sides of the same coin, and they are inherently connected with each other. (Para 18) Supreme Court Bar Association v. State of Uttar Pradesh, 2025 LiveLaw (SC) 320Advocate-Client Relationship - Undertakings given by advocates must be with the client's express authorization. A lawyer-client relationship is fiduciary in nature and the former is cast in terms of agency of the latter. It is also clear that the lawyer is to respect the decision-making right of the client. It flows from this that any undertaking given to a Court cannot be without requisite authority from the client. (Para 10) Lavanya C v. Vittal Gurudas Pai, 2025 LiveLaw (SC) 290Arbitration and Conciliation Act, 1996Applicable Law - In the absence of an express law governing the arbitration agreement, the applicable law should be determined based on the parties' intentions, with a strong presumption in favor of the law governing the main contract (lex contractus). (Para 31) Disortho S.A.S. v. Meril Life Sciences, 2025 LiveLaw (SC) 317Section 34(2)(b) - An Arbitral Award upholding agreement to return acquired land is liable to be set aside under Section 34(2)(b) as it is in conflict with the public policy of India. (Para 15) Delhi Agricultural Marketing Board v. Bhagwan Devi, 2025 LiveLaw (SC) 327Auroville Foundation Act, 1988Development of Auroville - Petition filed by disgruntled residents to hamper development of Auroville - Some disgruntled and discontented residents kept on filing the petitions one after the other, dragging the Foundation into unnecessary litigations. The writ petition filed by the respondent before the High Court was one of such ill-motivated petitions filed by her to abuse the process of law to hamper the development of Auroville and to cause obstructions to the smooth functioning of the Governing Board of the Foundation. Hence, the Appeal by the Auroville Foundation is allowed with cost of Rs.50,000/- (Para 19) Auroville Foundation v. Natasha Storey, 2025 LiveLaw (SC) 313Section 19 - Residents' Assembly's role is advisory and recommendatory. While it assists in formulating the Master Plan, it does not have the power to dictate the composition of committees constituted by the Governing Board. The Residents' Assembly or any individual resident of the Auroville Foundation cannot claim any right to be a part of a Committee or Council constituted by the Governing Board of the Foundation. (Para 15) Auroville Foundation v. Natasha Storey, 2025 LiveLaw (SC) 313BailAnticipatory Bail - Condition for Automatic Custody Upon Charge-Sheet Submission - Such a specific direction, mandating coercive steps for custody, was improper. When granting anticipatory bail, the court should leave it open for the trial court to decide on bail after the charge-sheet is filed and the accused appears. (Para 3) Ritesh Kumar v. State of Bihar, 2025 LiveLaw (SC) 326Arrest - Defiance of Court Order - Grant of Bail - Police, with knowledge of the protection order, hastily added serious charges under the Unlawful Activities (Prevention) Act, 1967 and the Vishesh Jan Suraksha Adhiniyam, 2005 leading to the appellant's arrest. The Court deprecated this conduct, emphasizing that the police should have sought leave from the Court before arresting the appellant. The Court, considering the mala fide nature of the arrest, allowed the appeal, ...

Supreme Court Monthly Digest March 2025

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Supreme Court Monthly Digest March 2025

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