Supreme Court Monthly Digest- September 2024 With Statute And Subject Wise Index

AdvocateAdvocates-on-Record can mark the appearances of only those advocates who are authorized to appear and argue the case on a particular day of hearing. Bhagwan Singh v. State of U.P., 2024 LiveLaw (SC) 722Legal professionals are not immune from prosecution for criminal misdeeds. Bhagwan Singh v. State of U.P., 2024 LiveLaw (SC) 722Strict compliance with online appearance marking protocols for advocates - Certain respondents were found absent both in person and online, despite having marked his presence through the online portal. The Court criticized this practice, emphasizing that marking presence without actual participation undermines the integrity of proceedings. The Court referenced a Supreme Court Registry circular dated 30th December 2022, which allows online presence marking only for advocates genuinely participating in hearings. To uphold procedural sanctity, the Court ordered that only advocates who are present in person or through video conferencing should be marked as attending. The Supreme Court Bar Association and the Advocates-on-Record Association were requested to ensure compliance and inform their members of this directive. Baidya Nath Choudhary v. Dr. Sree Surendra Kumar Singh, 2024 LiveLaw (SC) 645The Court expressed its concern over the increasing number of false statements in cases involving premature release, urging the legal community to uphold the integrity of the judicial process. Virender Singh v. State, 2024 LiveLaw (SC) 695The Court underscored the duty of Public Prosecutors handling cases involving Members of Parliament and Members of Legislative Assembly in Special Courts, stating that these Prosecutors should fully recognize the responsibilities of their role, which includes acting as officers of the Court. The Court found no basis, as of the present date, to question the competence of the appointed Public Prosecutor and thus denied the request to appoint a special Public Prosecutor. Y. Balaji v. Assistant Commissioner of Police, 2024 LiveLaw (SC) 652The legal profession has an important role to play in the process. Any proceeding or application which prima facie lacks merit should not be instituted in a court. We are constrained to observe this because of late we notice that pleadings/petitions with outrageous and ex facie unbelievable averments are made with no inhibition whatsoever. This is especially so in some family law proceedings, both civil and criminal. Reading some of the averments therein, we are left to wonder whether at all the deponents were conscious of what has been written purportedly on their behalf, before appending their signatures. These misadventures directly impinge on the rule of law, because they add to the pendency and the consequential delay in the disposal of other cases which are crying for justice. It is time that such frivolous and vexatious proceedings are met with due sanctions in the form of exemplary costs to dissuade parties from resorting to such tactics. (Para 46) K. Vadivel v. K. Shanthi, 2024 LiveLaw (SC) 757 The Supreme Court allows all final year law students to appear in All India Bar Exam 2024. Nilay Rai v. Bar Council of India, 2024 LiveLaw (SC) 734The Supreme Court ordered the Central Bureau of Investigation to carry out a probe into a case where the petitioner denied filing any special leave petition and claimed ignorance of advocates who represented him. Bhagwan Singh v. State of U.P., 2024 LiveLaw (SC) 722Arbitration and Conciliation Act, 1996An arbitration agreement is not necessarily non-binding on a non-signatory party. Such a party, though not a signatory, may have intended to be bound through its conduct or relationship with the signatory parties. A referral court must determine the issue from a prima facie perspective; although, ultimately, it is the arbitral tribunal which shall decide the same based on evidence. Ajay Madhusudan Patel v. Jyotrindra S. Patel, 2024 LiveLaw (SC) 727Courts at referral stage must not enter into contested questions involving complex facts. Cox & Kings Ltd. v. Sap India Pvt. Ltd., 2024 LiveLaw (SC) 676Section 29A (4) r/w. (5) - Application for extending the time for passing of an arbitral award can be filed even after the expiry of the twelve-month or the extended six-month period. Rohan Builders v. Berger Paints, 2024 LiveLaw (SC) 693Section 34 and 37 - Unless the arbitral award suffers from the illegality mentioned under Section 34 of the Act, no award can be interfered with or set aside by the Appellate Courts under Section 37 of the Act. The award cannot be set aside merely for the reason that the view of the Appellate Court is a better view than the one taken by the arbitral tribunal. The award as such cannot be touched unless it is contrary to the substantive provision of law; any provision of the Act or the terms of the agreement. Punjab State Civil Supplies Corporation Ltd. v. Sanman Rice Mills, 2024 LiveLaw (SC) 754Section 34 - Mere violation of law won't make arbitral award...

Supreme Court Monthly Digest- September 2024 With Statute And Subject Wise Index

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