Arbitration | Limitation For S. 34 Appeal Runs From Disposal Of S.33 Application Whether Allowed Or Rejected: Supreme Court

The Supreme Court on Tuesday (June 2) reiterated that the limitation period under Section 34(3) of the Act for filing an application seeking setting aside of an arbitral award would begin from the date on which a Section 33 application is disposed of. “Once proceedings under Section 33 are initiated and entertained by the Arbitral Tribunal, the award remains subject to the...

Daughter Doesn't Lose Ties With Natal Family On Marriage; Such Gender Stereotype Incompatible With Constitution : Supreme Court

Marriage doesn't extinguishe the bond between a daughter and her parental family, the Court asserted.

Prevention Of Corruption Act | Public Servant Asking Bribe For Subordinates Liable; Demand Need Not Be Direct : Supreme Court

The Supreme Court has ruled that a public servant need not personally demand or receive a bribe to attract liability under Section 7 of the Prevention of Corruption Act. Holding that the provision covers attempts to obtain an undue advantage through third parties and for the benefit of another person, the Court restored a corruption FIR against a Karnataka Police Sub-Inspector accused of...

Coordinate Bench Can Cancel Bail Granted By Another Bench : Supreme Court

The Supreme Court recently stated that a coordinate bench of the High Court can cancel the bail granted by another bench to an accused if the same has been secured by placing wrong facts.In this case, the Allahabad High Court was dealing with the bail application of an accused, Suraj Mahananda, against whom the allegations are under Sections 21(c) (Punishment for contravention in relation...

S.138 NI Act | Conviction For Cheque Dishonour Can Be Quashed Based On Settlement Between Parties : Supreme Court

The Supreme Court recently allowed the compounding of offences under Section 147(offences to be compoundable) of the Negotiable Instruments Act after a settlement took place between the parties. Consequently, it set aside the conviction and sentence imposed under Section 138 of the NI Act for the offence of dishonour of a cheque for the insufficiency of funds.A bench comprising Justice...

Married Daughter Cannot Be Excluded From Compassionate Appointment : Supreme Court Overrules Allahabad HC View

The Supreme Court on June 2 set aside the Allahabad High Court's judgments, which held that the definition of family doesn't include a married daughter for the purpose of compassionate appointment. A bench comprising Justice PS Narasimha and Justice Alok Aradhe held that it is in agreement with all the judgments of the Bombay High Court, Karnataka High Court and Calcutta High Court, which...

In Justice V Mohana, Supreme Court Gets A Woman Judge Appointment After 5 Years; Two Women Judges In SC Now

With the elevation of Senior Advocate V. Mohana to the Supreme Court, the apex court has got a woman judge after a gap of more than five years. Until Justice Mohana's appointment, Justice B.V. Nagarathna was the only woman judge in the Supreme Court.The Supreme Court Collegium headed by Chief Justice of India Justice Surya Kant on May 27 recommended the elevation of four High Court Chief...

High Courts Expected To Record Nature Of Crime And Allegations In FIR Quashing Orders : Supreme Court

Delay by itself cannot be a ground to quash an FIR, the Court observed.

CBSE OSM Row : NSUI Moves Delhi High Court Seeking Independent Inquiry

National Students' Union of India (NSUI) has filed a plea before the Delhi High Court alleging “large scale irregularities and deficiencies” under the newly introduced On- Screen Marking (OSM) system by the Central Board of Secondary Education (CBSE). The public interest litigation, filed through NSUI's President Vinod Jhakhar, seeks an independent inquiry, citing technical issues...

Companies Act | Supreme Court Rejects 'Vote-Cast-First' Rule For Societies In AGMs; Only Person Lawfully Authorised Can Vote: Supreme Court

The Supreme Court has observed that when there exists a dispute between the rival societies over the exercise of the voting rights at the Company's Annual General Meeting, where they hold shares, then the voting rights must be exercised by persons lawfully authorised under the society's governing documents and in accordance with the statutory framework governing corporate voting....

CCS Rules | Temporary Status Casual Labourer Entitled To Pension Even Without Formal Regularisation : Supreme Court

The Supreme Court on Monday (June 1) delivered a significant ruling in favour of long-serving casual workers, holding that employees who have performed work of a permanent and continuous nature for the government over extended periods are entitled to pensionary benefits even in the absence of formal regularisation. The Court held that such casual workers are entitled to benefits equivalent...

Five New Judges Take Oath In Supreme Court, Court Moves Closer To Full Strength

Five newly appointed judges of the Supreme Court took oath of office on Tuesday, taking the Court closer to its sanctioned strength of 38 judges.Chief Justice of India Justice Surya Kant administered the oath to Justice Sheel Nagu, Justice Shree Chandrashekhar, Justice Sanjeev Sachdeva, Justice Arun Palli and Senior Advocate V. Mohana at a ceremony held in the Supreme Court.The Central...